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Taribo v Roboam [2003] KIHC 150; Land Appeal 17 of 1999 (17 November 2003)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION
HELD AT ONOTOA
REPUBLIC OF KIRIBATI

High Court Land Appeal 17 of 1999

Between:

TAITAI TARIBO
Appellant

And:

ROBOAM ROBOAM
Respondent

For the Appellant: Ms Taoing Taoaba
For the Respondent: Mr John O'Sullivan

Date of Hearing: 17 November 2003

JUDGMENT
(Ex Tempore)

Perhaps unfortunately the magistrates in their reasons for decision refer to a "survey". There is no evidence of a survey and the respondent, through Mr O'Sullivan, says there never was a survey and that is just a loose term for the boundary as it had previously been fixed. We are left in perplexity. Therefore the appeal should be allowed so that there may be a rehearing. If ever there has been a technical survey then evidence of it should be given at the rehearing: if there has not been such a survey we strongly suggest to the magistrates that, in giving their decision, they avoid using the word 'survey'.

Appeal allowed: decision in the Magistrates' Court quashed and case returned for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate