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Boanareke v Tareeti [2009] KIHC 46; Land Appeal Case 14 of 2009 (9 October 2009)

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

High Court Land Appeal 14 of 2009

BETWEEN:

BOANAREKE BOANAREKE
TERIKIAI MATATA
APPELLANTS

AND:

AINETE TAREETI
RESPONDENT

For the Appellants: Mr Banuera Berina
For the Respondents:Ms Botika Maitinnara

Date of Hearing:9 October 2009

JUDGMENT
(Ex Tempore)

This is a most unsatisfactory matter. We refer to the Memorandum dated 24 July which should be read as part of this decision.

Having heard counsel t his morning we now know that it was the respondent who took the fresh proceedings which are in course of hearing by Single Magistrate Boutu. It was after the fresh proceedings had been taken and some 12 months after she had disqualified herself that Single Magistrate Tirita gave a judgment. It should be ignored and Single Magistrate Boutu should be asked speedily to complete the hearing and give a decision.

Appeal allowed: decision of Single Magistrate Tirita quashed and case returned to the Magistrates’ Court for Single Magistrate Boutu to continue the hearing.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate