Atanibeia v Kaiaa [2004] KIHC 68; Land Appeal 29 of 2003 (1 April 2004)

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

Land Appeal 29 of 2003

Between:

ATAUEA ATANIBEIA
ROOTE TABAUA
Appellants

And:

KARINAWA KAIAA
Respondent

For the 1st Appellant: Ms Taoing Taoaba
For the 2nd Appellant: Mr Aomoro Amten
For the Respondent: Mr Banuera Berina

Date of Hearing: 1 April 2004

JUDGMENT
(Ex Tempore)

It appears that these proceedings were taken because the appellants were dissatisfied with the decision of the Magistrates' Court in case 3/01. They had not been parties in 3/01 but their boundaries had been affected. They took these fresh proceedings C7/2003. The Single Magistrate correctly refused to interfere with the decision of the earlier Magistrate's Court.

The appellants' proper course of action would have been rather than take fresh proceedings, to ask the High Court for a review of the decision in case 3/01. We do not express any opinion now as to whether that course is still open. As it is, the appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE