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Nakara v Tekina [2004] KIHC 292; Land Appeal 88 of 2004 (31 December 2004)

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

High Court Land Appeal 88 of 2004

Between:

KIEBU NAKARA
Appellant

And:

BUNATAO TEKINA
Respondent

For the Appellant: Ms Jennifer Troup
No Appearance by Respondent

Date of Hearing: 31 December 2004

JUDGMENT
(Ex Tempore)

The Single Magistrate decided that he had no jurisdiction to consider whether there had been fraud in an earlier case in a magistrates’ court. He was in error in this. If fraud is proved to have been committed in one Magistrates’ Court then another magistrates’ court may upset the earlier decision. It is the only circumstance in which one magistrates’ court may interfere with the decision in another magistrates’ court. The case should go back to the Single Magistrate for rehearing in accordance with these reasons.

Appeal allowed: decision of the Single Magistrate quashed: case returned to magistrates’ court for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate