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Arobati v Hautia [2007] KIHC 64; Civil Case 46 of 2006 (13 March 2007)

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


High Court Civil Case 46 of 2006


Between:


BURAUA AROBATI MT MM
Applicant


And:


TEINGIA HAUTIA
KAUA HAUTIA
MATERETA HAUTIA
TIOLA HAUTIA
KAMWETI KAUTIA
KAIBITIA HAUTIA
RINGA UERETI
Defendants


For the Applicant: Mr Karotu Tiba
For the Defendants: Ms Joelle Grover


Date of Hearing: 13 March 2007


ORDER
(Ex Tempore)


These reasons are to be read in conjunction with my Memorandum of 27 February 2007.


Despite his best endeavours Mr Tiba has not been able to obtain instructions from the client. Accordingly the parties have not reached agreement. The application for certiorari is granted and the case brought into this Court. The decision of the Single Magistrate in CN TT 125/02 is quashed.


Provided that proceedings in the High Court are taken by Tuesday 27 March in relation to CN 148/89 and subsequent cases relying on that case all transactions in respect of Namoruarua 648/4 are stayed.


THE HON ROBIN MILLHOUSE QC
Chief Justice


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