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Tebenea v Kaotan [2005] KIHC 9; Land Appeal 42 of 2003 (11 February 2005)

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

High Court Land Appeal 42 of 2003

Between:

MARIA TEBENEA
Appellant

And:

KARAOIA KAOTAN
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Ms Jennifer Troup

Date of Hearing: 11 February 2005

JUDGMENT
(Ex Tempore)

Mr Berina’s argument rests on a previous decision in CN 50/97, an earlier case which determined the boundary between these parties. Apparently CN 50/97 was not brought to the Single Magistrate’s attention and he has fixed a different boundary. That it is different appears from the sketch plans in the respective minutes.

One court cannot over rule a decision of another court of the same jurisdiction. The boundary fixed in 50/97 must stand.

The appeal is allowed and the decision of the Single Magistrate is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate