Tearawa v BTC [2004] KIHC 26; Land Appeal 18 of 2003 (13 February 2004)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Land Appeal 18 of 2003

Between:

TEBAU TEARAWA & BETA ATANIMOA
Appellants

And:

BTC REP BY ATTORNEY GENERAL
Respondent

For the 2nd Appellant: Mr Aomoro Amten
For the Respondent: Ms Pole Tebao

Date of Hearing: 13 February 2004

JUDGMENT
(Ex Tempore)

Having heard Mr Amten for the appellants and Ms Tebao for the respondent, having considered the evidence and the Single Magistrate's decision, it appears that the appeal comes down to a matter of fact. The facts were for the Single Magistrate to decide: there was evidence to support his decision that the BTC had subleased from the Government the whole of the land. The BTC was entitled to evict persons from it. There being evidence to support the Single Magistrate's decision this Court should not interfere. The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate