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Narai v Terakubo [2003] KIHC 54; Land Appeal 31 of 2003 (12 May 2003)

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

High Court Land Appeal 31 of 2003

Between:

REREI NARUAI
Appellant

And:

TAAU TERAKUBO
Respondent

For the Appellant: Ms Taoing Taoaba
For the Respondent: Mr Aomoro Amten

Date of Hearing: 12 May 2003

JUDGMENT
(Ex Tempore)

This appeal was lodged seven months out of time. When we asked Mr Amten whether he took the point, he replied that he had instructions to concede the appeal.

Mr Amten conceded that the boundary was fixed even though the magistrates had not heard the evidence of the parties. We make it clear that no case should be decided by the court before all those interested in the decision have been given the chance to give evidence. That chance was not given here.

The decision of the Magistrates' Court given on 28 May 2002 is quashed. The case is returned to the Magistrates for rehearing. We emphasize that the magistrates must hear the evidence of all those interested and who want to give evidence, before they make their decision.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate