Takarawa v Betero [2005] KIHC 7; Land Appeal 90 of 2004 (11 February 2005)

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

High Court Land Appeal 90 of 2004

Between:

MATIBEI TAKARAWA
Appellant

And:

MATIA BETERO
Respondent

For the Appellant: Ms Jennifer Troup
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 11 February 2005

JUDGMENT
(Ex Tempore)

The Single Magistrate in fixing the boundary has relied on the evidence of the surveyor. Confusingly there are four beacons on the land. There is no evidence of this but we accept Ms Troup’s assurance that these are the instructions of her client. Ms Troup’s argument is that the surveyor to fix the boundary between the parties’ lands has mistakenly used beacons E1483 and E1481 when he should have used beacons E1482 and E1436.

It is agreed between Ms Troup and Ms Taoaba that the area of the Government lease is .64 acres. If that is so, according to Ms Troup the boundary on the lagoon side should be a line between E1482 and E1436: that would give the Government .64 acres. By using the line between E1483 and E1481 the area of the Government lease is increased beyond .64 acres.

The only way to clear up any confusion is to send the case back for a rehearing at which the surveyor should be asked to point out where the boundary should be to give the Government lease a total area of .64 acres. According to Ms Troup the boundary should be the line between E1482 and E1436.

Appeal allowed, decision of the Single Magistrate quashed and case returned for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate