Teteki v Ewanimone [2004] KIHC 268; Land Appeal 23 of 2004 (3 December 2004)

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

High Court Land Appeal 23 of 2004

Between:

BOBAI TETEKI
Appellant

And:

MATOU EWANIMONE
Respondent

For the Appellant: Ms Jennifer Troup
For the Respondent: Mr Banuera Berina

Date of Hearing: 3 December 2004

JUDGMENT
(Ex Tempore)

The issue is whether Tabontawana 597 has ever been subdivided. It is necessary to determine that issue to decide whether the appellant is settled on that part of Tabontawana which belongs to him. Mr Berina complains that the issue should have been raised in the court below: at least it should now be settled in this court. This court is unwilling to hear fresh evidence even if, as Mr Berina tells us, it would be simple for us to decide. It is better for matters of fact to be decided in a court of first instance.

Mr Berina asks that if the case is to be sent back for rehearing the rehearing should be restricted to the question of whether Tabontawana 597 has been subdivided and if it has been whether the appellant is on that part which belongs to him.

The appeal is allowed: the order for eviction is quashed and the case returned to the Magistrates’ Court for rehearing, such rehearing to be restricted to the question of whether Tabontawana 597 has been subdivided and if it has been whether the appellant is on that part which belongs to him.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate