Ieremia v Nakaro [2004] KIHC 81; Land Appeal 23 of 2001 (30 April 2004)

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

Land Appeal 23 of 2001

Between:

EKUETA IEREMIA
Appellant

And:

RARA NAKARO MT MM & KIREUA
Respondents

For the Appellant: Mr Banuera Berina
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 30 April 2004

JUDGMENT
(Ex Tempore)

The Court delayed the hearing of this appeal to allow Mr Berina time to find a minute which he hoped would help his client. He has found it and concedes that it does not help. Mr Berina had remembered on 13 February that without the minute his appeal was hopeless.

Ms Taoaba correctly argues that the appeal turns on a matter of fact. The Single Magistrate believed the respondents. That is decisive. This Court should not interfere.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE