Titu v Kantera [2009] KIHC 47; Land Appeal Case 89 of 2008 (9 October 2009)

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

HIGH COURT LAND APPEAL 89 OF 2008

BETWEEN:

TEMAREWE TITU REP BY TIREE MANGANG
APPELLANT

AND:

MEERI KANTERA
1ST RESPONDENT

ETEI MOIAUA
2ND RESPONDENT

TIMI FLOOD
3RD RESPONDENT

BEN FLOOD
4TH RESPONDENT

For the Appellant:Ms Botika Maitinnara
For the 1st & 2nd Respondents:Ms Taoing Taoaba
For the 3rd & 4th Respondents:Ms Abunaba Takabwebwe

Date of Hearing: 9 October 2009

ORDER
(Ex Tempore)

We refer to our memorandum of 25 September (see page 113) which should be read as part of this judgment.

Having heard counsel this morning and received two further affidavits we have decided that the best course is to send this case back to the Magistrates’ Court for a confirmation of the 1985 boundary which in the absence of agreement must prevail over later determinations.

Appeal allowed: decision of the Single Magistrate in CN TTT 02/08 dated 18 September 2008 quashed: case returned to the Magistrates’ Court to be heard again by another magistrate.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate