Reuben v Naure [2004] KIHC 290; Land Review 17 of 2004 (31 December 2004)

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

High Court Land Review 17 of 2004

Between:

TABO REUBEN & ORS
Applicants

And:

KAATAKE NAURE & ORS
Respondents

For the Applicants: Mr Katarake Tebweao
No appearance by Respondents

Date of Hearing: 31 December 2004

JUDGMENT
(Ex Tempore)

Having read the report of the Court Clerk we are satisfied that the same group of magistrates sat on this case right through and gave a decision. Mr Tebweao did not take the first ground of appeal further.

His second ground was that there had been fraud in CN 59/02 and for that reason the magistrates in this case should have been prepared to reconsider the decision in 59/02. The magistrates made an express finding that there had not been fraud in 59/02 and refused to reconsider it. Having found no fraud they made a correct decision.

The appropriate course would be for those aggrieved by the decision in 59/02 to apply to this court for judicial review of it. We express no opinion as to whether or not an application would succeed.

As it is this application must be refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate