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Ruotaake v Temate [1996] KIHC 79; HCLA 092.92 (25 July 1996)

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

HCLA 92/92

BETWEEN:

MANEATEATA RUOTAAKE
Appellant

AND:

TEEMAN TEMATE
Respondent

Mr D Lambourne for the Respondent
Appellant in person

JUDGMENT

This appeal was filed by Teeman Temate, who is wrongly named as the respondent.

Counsel for Maneateata, who is the real respondent, concedes the appeal. The hearing in the lower court went for three days. On the final day, one of the panel was replaced by a different magistrate who, of course, had not heard any of the evidence given on the previous two days. The court, instead of starting again from the beginning, simply continued on with the hearing.

This makes the whole proceedings unsatisfactory and counsel for the respondent acted quite properly in conceding the appeal.

The appeal is allowed and the case is remitted to the land magistrates' court for rehearing.

THE HON R B LUSSICK
Chief Justice
(25/07/96)

TEKAIE TENANORA
Magistrate
(25/07/96)

BETERO KAITANGARE
Magistrate
(25/07/96)