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

HCLA 68/98

BETWEEN:

TAAKE NABUTI mt mm
Appellants

AND:

KOBAIA NABUTI mt mm
Respondents

Mr T Teiwaki for the Appellants
Respondents represented by Nei Ngangata

Date of Hearing: 11 December 1998

JUDGMENT

In our view, this is not a proper case for an appeal. The lower court ordered that payments due on a lease be suspended until a boundary dispute had been determined. We are told that the boundary dispute has now been settled. The proper course, therefore, is to re-apply to the Magistrates' Court.

The appeal is accordingly dismissed and the claim is to be re-filed in the Magistrates' Court.

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

TEKAIE TENANORA
Magistrate
(11/12/98)

BETERO KAITANGARE
Magistrate
(11/12/98)