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

HCLA 97/97

BETWEEN:

KATANGNGA ERIA
Appellant

AND:

BORAING TEINGIA
BIRE TEIBIBITA
Respondents

Mr D Lambourne for the Appellant
Mr T Teiwaki for the 1st Respondent
No appearance of 2nd Respondent

Date of Hearing: 11 December 1998

JUDGMENT

The second respondent makes no appearance today but was present on the last occasion when today's hearing was fixed. No explanation has been received from the second respondent so this appeal will proceed in his absence. In any event, the second respondent is not likely to be prejudiced by the order which is going to be made.

Neither party is happy with the decision of the lower court and, by agreement between counsel, the first respondent concedes the appeal so that the matter can be given another hearing.

Accordingly, the appeal is allowed, the decision of the Magistrates' Court in case No. 35/97 is set aside and the case is remitted to that court for re-trial.

THE HON R B LUSSICK
Chief Justice
(11/12/98)

TEKAIE TENANORA
Magistrate
(11/12/98)

BETERO KAITANGARE
Magistrate
(11/12/98)