Bakanebo v Bubu [2004] KIHC 7; Land Appeal 51 of 2000 (16 January 2004)

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

High Court Land Appeal 51 of 2000

Between:

NABUTI BAKANEBO
Appellant

And:

N. TIO BUBU
NONOURI TAKIRUA
Respondents

For the Appellant: Ms Jacqueline Huston
For the Respondents: Mr John O'Sullivan

Date of Hearing: 16 January 2004

JUDGMENT
(Ex Tempore)

Ms Huston raises two points in support of her client's appeal. The first is that the magistrate discussed a matter in his judgment which had not been covered in evidence. It concerned the position of a marker "A" on a coconut tree. To the contrary Mr O'Sullivan has pointed to a passage in the cross-examination of Nabuti which did cover the matter. We are against the appellant on this point.

Ms Huston's second point is that there is no map shewing 606: the maps jump from 605 to 607. Yet there is, Mr O'Sullivan asserts and Ms Huston concedes, no doubt that 606 exists and is occupied. That disposes of the second point. The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate