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Tekita v Robuti [2004] KIHC 246; Land Appeal 28 of 2004 (29 October 2004)

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

High Court Land Appeal 28 of 2004

Between:

BURANGKE TEKITA
FOR CHURCH OF GOD
Appellants

And:

TIAOTI ROBUTI
Respondent

For the Appellants: Ms Botika Maitinnara
For the Respondent: Ms Jennifer Troup

Date of Hearing: 29 October 2004

JUDGMENT
(Ex Tempore)

Ms Maitinnara complains that her client, who in his affidavit says he misunderstood the date for the case, did not have an opportunity to be heard: the Single Magistrate decided against him in his absence.

The Single Magistrate satisfied himself that the appellant had been served with the date of hearing and exercised his discretion to proceed in the absence of the appellant. The Single Magistrate was entitled to do that. His was the discretion to proceed and we should not interfere with what appears to have been a proper exercise of it. No ground has been shewn for sending the case back for rehearing.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate