Nantoki v Kawaitu [2004] KIHC 284; Land Appeal 44 of 2003 (29 December 2004)

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

High Court Land Appeal 44 of 2003

Between:

NANTOKI & TAAKE MT MM
Appellants

And:

KIANTAAKE KAWAITU
TEORATA KAIEA
Respondents

For the Appellants: Mr Banuera Berina
For the Respondents: Ms Jennifer Troup

HIGH COURT LAND APPEAL 69/03

BETWEEN:

TEBANO KAWAITU
Appellant

And:

NANTOKI FOR TAAKE NABUTI
Respondent

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

Date of Hearing: 29 December 2004

JUDGMENT
(Ex Tempore)

These two appeals go together and each depends on whether a complete boundary determination has been made. Having heard Mr Berina’s explanation of the point it seems that Single Magistrate Karotu began a determination in 37/99 but whether it was ever completed is not clear. The determination should be completed.

The Single Magistrate is about to be admitted to the bar but both counsel have said that they have no objection to his completing the task he began in 1999.

That being so we direct that both cases be returned to the Magistrates’ Court for a continuation of the determination by Single Magistrate Karotu.

The formal orders are –

In 44/03 the appeal is dismissed

In 69/03 the appeal is allowed

Both cases returned to the Magistrates’ Court for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate