Kiaiai v Kairaku [2004] KIHC 97; Land Appeal 24 of 2001 (12 February 2004)

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

High Court Land Appeal 24 of 2001

Between:

NGANGATA KIAIAI
Appellant

And:

TOMINIKO KAIRAKU
Respondent

For the Appellant: Ms Jacqueline Huston
For the Respondent: Mr Banuera Berina

Date of Hearing: 12 February 2004

JUDGMENT
(Ex Tempore)

The appellant complains, in the grounds of appeal and through his lawyer, Ms Huston, that the transcript is not a true record of what was said at the hearing: that the present transcript is a mock up to support the Single Magistrate's findings. This is a serious and bizarre complaint. If it were justified it would shew dishonesty on the part of the Single Magistrate and others. We are not prepared to accept it. Ms Huston offered to have her client swear an affidavit but we do not think that would take the appeal any further. The appellant's complaint is unsubstantiated and impossible to accept.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate