Ioane v Ruka [2005] KIHC 33; Land Appeal 47 of 2004 (11 March 2005)

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

High Court Land Appeal 47 of 2004

Between:

RAIRAKI IOANE
Appellant

And:

TEINGOA RUKA
TIAE TEKABWEBWERE
TAUMERI TURIMA
TOAITI TOABA
Respondents

For the Appellant: Ms Botika Maitinnara
For 4th Respondent: Ms Taoing Taoaba
No appearance by other Respondents

Date of Hearing: 11 March 2005

JUDGMENT
(Ex Tempore)

The appellant complains that the boundary set by the magistrates on the ground is crooked. The magistrates said they were accepting Uriam’s evidence which supported the boundary being in a straight line. The sketch on the last page of the minutes shews that and supports the appellant. The sketch indicates a straight boundary being a series of five dots in a straight line.

It must be possible to set on the ground the boundary decided by the court. The case should be sent back so that the magistrates can mark on the ground the boundary which they consider the correct one, either that shewn in the sketch or another.

Appeal allowed: decision of the magistrates set aside. Case returned for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate