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Tebana v Uentekai Ma Manena [2005] KIHC 11; Land Appeal 39 of 2004 (11 February 2005)

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

High Court Land Appeal 39 of 2004

Between:

TEEA TEBANA
Appellant

And:

TEAUOKI UENTEKAI MA MANENA
Respondents

For the Appellant: Ms Botika Maitinnara
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 11 February 2005

JUDGMENT
(Ex Tempore)

Ms Maitinnara has argued that the boundary fixed by the magistrates on the ground is not in accordance with their finding as set out in the minutes. Ms Taoaba says her client is satisfied with the boundary fixed on the ground.

As there is some uncertainty we think it better to refer the matter back to the magistrates to confirm their previous finding and fix it on the ground.

Appeal allowed and matter sent back for rehearing by the magistrates in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate