Moaniba v Itaia [2004] KIHC 29; Land Appeal 09 of 2001 (13 February 2004)

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

Land Appeal 9 of 2001

Between:

MATEE MOANIBA
BWEBWENIBEIA KARARAUA
Appellants

And:

N. BWEBWE ITAIA
Respondent

For the 1st Appellant: Ms Taoing Taoaba
For the 2nd Appellant: Mr Aomoro Amten
For the Respondent: Ms Jacqueline Huston

Date of Hearing: 13 February 2004

JUDGMENT
(Ex Tempore)

The first appellant complains that the Magistrate's Court has reviewed and varied a decision made by another magistrate's court: the respondent retorts that the first appellant admitted in the second case having told lies the first time leading to the court not having taken into account the views of his children: this was a fraud entitling the second court to make a decision contrary to the first decision. Fraud does allow one magistrate's court to vary the earlier decision of another but in this case we feel uneasy in allowing the decision to stand. We think there should be a rehearing at which all the parties have an opportunity to be heard so that the Single Magistrate may make a decision taking into account the interests of all those who may have an interest in the land.

The appeal is allowed, the decisions in CN 124/99 and 28/00 are quashed and the case returned to the Magistrate's Court for hearing by another magistrate.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE