Ioteba v Iaaua [2009] KIHC 35; Civil Case 93 of 2009 (27 July 2009)

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

HIGH COURT CIVIL CASE 93 OF 2009

BETWEEN:

MWEA IOTEBA MT MM
APPLICANTS

AND:

NNAUA IAAUA
FRED LANGLEY
NEI RARAKITA REWI
NEI ABO REWI
TENANGIBO REWI
ATTORNEY GENERAL IRO MAGISTRATES’COURT
RESPONDENTS

For the Applicants: Sr Bernadette Eberi
For the 2nd Respondent: Mr Banuera Berina

Date of Hearing: 27 July 2009

JUDGMENT
(Ex Tempore)

Mr Berina on behalf of his client concedes the application for certiorari: the presiding magistrate was the husband of one of the parties. He clearly should have disqualified himself and not sat on the case. If any magistrate has any close relationship with one of the parties, because of the risk of bias or at least the appearance of bias he/she should not sit.

Mr Berina asks – and the Court directs – that when fresh proceedings for the boundary determination be taken then the determination should be made as a matter of urgency.

Application granted: decision of Maiana Lands Court in CN 04/05 quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice