Nare v Aranuka Island Council [2004] KIHC 279; Land Appeal 48 of 2003 (23 December 2004)

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

High Court Land Appeal 48 of 2003

Between:

ITAAKA NARE
Appellant

And:

ARANUKA ISLAND COUNCIL
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Mr Birimaka Tekanene

Date of Hearing: 23 December 2004

JUDGMENT
(Ex Tempore)

In CN 79/88 the Aranuka magistrates confirmed an exchange of lands between the present parties: their decision was:

The lands are to be exchanged in accordance with the landowner’s wishes. Land Karomatoa and its accretions are to go to Itaaka.

No determination was made at the time of the boundaries of the land. In CN 01/03 the appellant applied to the Court for a boundary determination. The Court refused that saying

“The claim is dismissed since registration has already been made”.

It appears that the boundaries need determination and Mr Tekanene for the Island Council consents to a determination being made.

Despite the magistrates having come to a proper decision, as both parties are agreed, we direct the magistrates to carry out the boundary determination requested by the appellant.

The appeal is allowed, the decision of the magistrates quashed and the case returned to them to determine the boundaries of the appellant’s land.

THE HON ROBIN MILLHOUSE QC
Chief Justice

ERITE AWIRA
Magistrate

RARATU IEITA
Magistrate