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Iuta v Tenamata [1996] KIHC 32; HCLA 017.90 (22 July 1996)

IN THE HIGH COURT OF KIRIBATI
HELD AT MARAKEI
(BEFORE THE HON R LUSSICK C.J.)

HCLA 17/90

BETWEEN:

KAMANE IUTA
Appellant

AND:

RABANGAKI TENAMATA
Respondent

Mr B Berina for the Appellant
Mr D Lambourne for the Respondent

JUDGMENT

Counsel for the Respondent quite properly conceded this appeal.

We would only add the observation that the Appellant's first ground of appeal is sufficient of itself to allow the appeal. This ground, which is clearly supported by the record, is that the case was first heard by one panel of magistrates on 28 July 1987 and completed by a second panel on 9 January 1990. There would have been nothing wrong with the second panel of magistrates hearing the case had they commenced from the start again, but they merely began where the previous panel left off, without having heard for themselves any of the evidence given on the previous occasion. The magistrates' court was thus in error and the appeal must succeed.

The appeal is allowed and the decision of the lower court is set aside. The case is remitted to the magistrates' court for rehearing.

THE HON R B LUSSICK
Chief Justice
(22/07/96)

TEKAIE TENANORA
Magistrate
(22/07/96)

BETERO KAITANGARE
Magistrate
(22/07/96)