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

HCLA 87/97

BETWEEN:

KABWEBWE TEMWAKE
AND ANOTHER
Appellants

AND:

TENTAU KITEI
Respondent

Mr B Berina for the Appellants
Mr D Lambourne for the Respondent

Date of Hearing: 22 January 1999

JUDGMENT

Pursuant to an agreement between counsel for the appellants and counsel for the respondent, the respondent concedes the appeal and the appellant concedes the cross-appeal. Both the appeal and cross-appeal are allowed, the decision of the South Tarawa Magistrates' Court in case No. A359/97 is set aside and the case is remitted to that court for re-trial.

THE HON R B LUSSICK
Chief Justice
(22/01/99)

TEKAIE TENANORA
Magistrate
(22/01/99)

BETERO KAITANGARE
Magistrate
(22/01/99)