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Kum Kee v Tebenea [2001] KIHC 51; Land Appeal 08 of 1999 (1 June 2001)

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

High Court Land Appeal 8 of 1999

Between:

MOTI KUM KEE
Appellant

And:

TIIRE TEBENEA
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 1 June 2001

JUDGMENT
(Ex Tempore)

This is an appeal from North Tarawa. The land in question is in the village of Abaokoro. Mr Berina has included in his submissions a sketch map, which Ms Taoaba concedes is sufficiently accurate, and which shews the land of the Co-op Society on the western side of the road and the land in question opposite the Co-op on the eastern side of the road.

It appears from the judgment of the Magistrates that the Court left it to the present respondent to set the boundary in dispute. We refer to these sentences in the judgment:

"For these reasons, the Court confirms the registration of Moti Kum Kee on his piece of land which boundaries will be set by Tiree Tebenea son of Teairo Tiimi.

Note: The whole land does not go to Moti Kum Kee."

That was not the correct way to proceed. It left the appellant at the mercy of the respondent to set the boundary where the respondent liked.

What the Court should have done was to hear the evidence of the respondent as to where the boundary should be, allow the appellant to cross examine the respondent on the boundary which was claimed, hear argument from both parties and then itself set the boundary.

The appeal is allowed and the matter sent back to the Magistrates' Court to set the boundary, following the directions in this judgment.