Tabuke v Kamoa [2004] KIHC 60; Land Appeal 07 of 2003 (26 March 2004)

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

Land Appeal 7 of 2003

Between:

MAERE TABUKE & ORS
Appellants

And:

KOURABI KAMOA & ORS
Respondents

For the Appellants: Ms Botika Maitinnara
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 26 March 2004

JUDGMENT
(Ex Tempore)

Having heard both counsel it appears that the appellants are complaining about the decision of the Single Magistrate on a matter of fact. The Single Magistrate has considered the evidence of both parties and decided in favour of the respondents. Counsel for the appellants cannot point to any mistake she has made in her consideration – only that she came down on the wrong side for her clients. That being so this Court cannot interfere. The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE