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Barekiau v Tekitanga [2004] KIHC 196; Land Appeal 10 of 2001 (30 July 2004)

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

High Court Land Appeal 10 of 2001

Between:

N. TEMERI BAREKIAU
Appellant

And:

N. TERETIA TEKITANGA MT MM
Respondents

For the Appellant: Mr Aomoro Amten
No appearance by Respondent

Date of Hearing: 30 July 2004

JUDGMENT
(Ex Tempore)

The Court notes that the respondent was served with notice to attend court today but has not appeared. The Court has heard he appeal in her absence. Having heard Mr Amten it seems that the Single Magistrate has overlooked the decision in 193/93 which gave the appellant a share of the ocean-side land. That was an error on the part of the Single Magistrate.

The appeal is allowed. The decision of the Single Magistrate quashed. It is ordered that the appellants be registered alongside the respondent over land Banraeaba 758/e.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate