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Kiribati Protestant Church, Bikenbeu v Amitong [2000] KICA 1; Land Appeal 03 of 2000 (1 January 2000)

IN THE KIRIBATI COURT OF APPEAL
LAND JURISDICTION
HELD AT BETIO, REPUBLIC OF KIRIBATI

Land Appeal No 3 of 2000

BETWEEN:

KIRIBATI PROTESTANT CHURCH, BIKENIBEU
Appellant

AND:

MATIERA AMITONG
ARITI MOTE
Respondents

ORDER

BEFORE THE COURT OF APPEAL
UPON HEARING THE LAWYERS FOR THE APPELLANTS AND THE RESPONDENTS
IT IS ORDERED THAT BY CONSENT

1. The Appellants are confirmed as the owners of Aniti 667o/1.

2. The Appellants abandon all claims to any land between the sea wall, indicated on the sketch plan annexed hereto, and the lagoon.

3. The Appellants will transfer to the Respondents an area of land running from the main road at the southern boundary to the sea wall at the northern boundary as indicated in the sketch plan annexed hereto. The land to be transferred is at the western side of Aniti 667o/1 and will commence 35 centimetres west of the Appellant's well and end at the western boundary fence.

4. The case is to be remitted to the Magistrates Court for the Single Magistrate to confirm the new boundaries in accordance with the terms agreed herein. The Appellants will issue a summons in the Magistrates Court within 14 days of the date of this order.

5. The Appellants will move their fence currently at the western side of the land to the new boundary within 60 days of the confirmation of the new boundary by the Magistrate as referred to at 4 herein.

6. The Appellants will remove their papaya trees from the land to be transferred to the Respondents within 60 days of the Magistrate's order as aforesaid.

7. There be liberty to apply.

8. There be no order for costs.

Emma Hibling, People's Lawyer, for the Appellants
Banuera Berina, Lawyer, for the Respondents

SIR MAURICE CASEY
Judge of Appeal

SIR GORDON BISSON
Judge of Appeal

SIR DAVID TOMPKINS
Judge of Appeal