In the High Court of Kiribati
Land Jurisdiction
Held at betio
Republic of Kiribati

High Court Land Appeal 21 of 1998

Between:

Katarake Itinimone
Appellant

And:

Teraka Ioane
Respondent

For the Appellant: Mr Aomoro Amten
No appearance of the Respondent

Date of Hearing: 27 April 2001

JUDGMENT
(Ex Tempore)

No appearance by or for the respondent whom the Court notes was served on Abaiang on 20 April.

Mr Amten asks that the case be sent back to the magistrates to decide on the evidence presented to them rather than, as appears to be the case, simply dividing "down the middle" the difference between the competing versions put forward by the land owners.

Order accordingly.

	The Hon Robin Millhouse QC
Chief Justice		
Tekaie Tenanora
Magistrate		Betero Kaitangare
Magistrate