IN THE HIGH COURT OF KIRIBATI
HELD IN ABEMAMA
(BEFORE THE HON R LUSSICK C.J.)

HCLA 24/95

BETWEEN:

TIAONMARI TETEKI
Appellant

AND:

N. TUKAI BIREMON
N. TII TETABO
TIAON TEEKOA
N. TAMO BIREMON
TEBAKABANE BIREMON
TERABWEBWE TEKINENE
RUITE TATA
KARIBWAUA
Respondents

Mr B Berina for the Appellant
Mr D Lambourne for the Respondents

Date of Hearing: 9 June 1997

JUDGMENT

The respondents concede this appeal to the extent that it is acknowledged that the magistrates' court should have determined the appellant's claim instead of holding itself bound by previous decisions to which the appellant was not a party.

The appeal is therefore allowed and the case is remitted to the magistrates' court for retrial.

THE HON R B LUSSICK
Chief Justice
(09/06/97)

TEKAIE TENANORA
Magistrate
(09/06/97)

BETERO KAITANGARE
Magistrate
(09/06/97)