Tiaon v Kauongo [2005] KIHC 18; Land Appeal 89 of 2004 (25 February 2005)

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

High Court Land Appeal 89 of 2004

Between:

KIRANETI TIAON
Appellant

And:

TABUTI KAUONGO
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Mr Aomoro Amten

Date of Hearing: 25 February 2005

JUDGMENT
(Ex Tempore)

All we have on the file is the long and careful judgment of the Single Magistrate but that has been enough for us to come to a conclusion on the appeal.

The appellant’s complaint is that the surveyor was not called to give evidence. The High Court had ordered that the surveyor be present at the determination and so he was. Unfortunately it was not until the close of the defendant’s/now respondent’s case that the para-legal representing the plaintiff/now appellant asked that the surveyor give evidence. The Single Magistrate refused the request. He has set out his reasons on page 6 of the judgment. Technically he is quite correct in what he says. The surveyor should have been called as part of the plaintiff’s case.

However as a matter of justice we think the plaintiff should have been given leave to re-open his case to call the surveyor. That should now be done.

We allow the appeal, quash the judgment of the Single Magistrate and return the case to the Single Magistrate to continue the hearing by allowing the plaintiff/now appellant the opportunity of calling the surveyor to give evidence.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate