Attorney General v Atanimoa [2010] KIHC 28; Civil Appeal 40 of 2008 (2 March 2010)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION

High Court Civil Appeal 40 of 2008

HELD AT BETIO
REPUBLIC OF KIRIBATI

BETWEEN:

ATTORNEY GENERAL
Appellant

AND:

NEI BETA ATANIMOA
Respondent

For the Appellant: Mr Birimaka Tekanene
For the Respondent: Mr Mantaia Kaongotao

Dates of Hearing: 2 March 2010

ORDER
(Ex Tempore)

This is a case which went to the Court of Appeal (CA 1/2007). The appeal was settled and the Court merely wrote a "Memorandum of the Court" and annexed to it the terms of settlement signed by counsel.

The matter then returned to the High Court and a decision given
(HCCA 40/08). The Court found that to complete the terms of settlement agreed before the Court of Appeal a survey was needed to determine "the exact location of the land in question and what is on it".

The survey has finally been done and is before the Court. It delineates clearly the land to which the settlement agreement refers: it is the land enclosed in the rectangle and marked "B194 Tiatarenga Atanimoa mt mm".

ORDER that

(1) the survey plan form part of the terms of settlement dated 27 July 2007;

(2) the order of 23 October 2008 be set aside.

THE HON ROBIN MILLHOUSE QC
Chief Justice