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Takee v Kiritian [2001] KIHC 45; Land Appeal 49 of 2000 (18 May 2001)

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

High Court Land Appeal 49 of 2000

Between:

VIANE TAAKE
Appellant

And:

BATOROMAIO KIRITIAN (REP BY AERINA)
MONIKA TABUIA
Respondents

For the Appellant: Mr Tuarirake Teiwaki
For the Respondents: Mr Banuera Berina

Date of Hearing: 18 May 2001

JUDGMENT
(Ex Tempore)

When the proceedings began Mr Teiwaki said that he was pursuing only the first ground of appeal:

The learned Single Magistrate erred in law in not erecting a boundary between the appellant and the first respondent.

Mr Berina argued against that ground: the magistrates should not be directed to fix a boundary in proceedings which had failed because that amounted to a review of earlier proceedings: the correct procedure was for the appellant to take fresh proceedings. Mr Teiwaki did not seek vigorously to rebut this. We accept Mr Berina's argument. If the appellant wants to have that boundary fixed we suggest he takes fresh proceedings.

The appeal is dismissed.