Bob v Redfern [2004] KIHC 294; Land Appeal 46 of 2002 (31 December 2004)

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

High Court Land Appeal 46 of 2002

Between:

EMI BOB
Appellant

And:

TEITIA REDFERN
Respondent

For the Appellant: Ms Botika Maitinnara
For the Respondent: Mr Katarake Tebweao

Date of Hearing: 31 December 2004

JUDGMENT
(Ex Tempore)

Ms Maitinnara’s principal submission is that there was no completed boundary determination. She referred us to the evidence in the Magistrates’ Court to that effect. To the contrary Mr Tebweao pointed out that the two other witnesses said the determination was completed. The Single Magistrate saw and heard the witnesses and found that the determination had been made and completed. That was a matter of fact for the Magistrate to decide. There is no reason for us to upset it.

The magistrate relied on the plain words of the judgment in 53/89 that the whole of the land had been sold by the appellant to the respondent. That was a proper decision.

The appeal must be dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate