Abiete v William [2004] KIHC 98; Land Appeal 29 of 1999 (12 February 2004)

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

High Court Land Appeal 29 of 1999

Between:

BURANGKE ABIETE
Appellant

And:

TEIEKA WILLIAM
Respondent

For the Appellant: Mr Aomoro Amten
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 12 February 2004

JUDGMENT
(Ex Tempore)

The hearing of this case began on 24 February 1998 but was soon adjourned "due to the search of the Court for the minutes of the distribution". When it was called on again on 24 March 1999 the magistrates immediately gave their decision without further hearing the parties. In the amended grounds of appeal the appellant complains of this. We think rightly. The parties were entitled to be heard on the results of the search before the magistrates made up their minds and gave judgment.

The appeal is allowed. The decision of the magistrates is quashed and the case returned to the Magistrates' Court for hearing again.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate