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Arobati v Tekita [2003] KIHC 209; Land Appeal 79 of 2001 (21 November 2003)

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

LAND APPEAL 79 OF 2001

BETWEEN:

BARAUA AROBATI MT MM
APPELLANTS

AND:

BAKEUA TEKITA & OTHERS
RESPONDENTS

FOR THE APPELLANTS: M5 JACQUELINE HUSTON
FOR THE RESPONDENTS: MS TAOING TAOABA

DATE OF HEARING: 21 NOVEMBER 2003

JUDGMENT

Something has gone wrong here. Minutes are missing so that it is impossible to follow the course of proceedings before the Single Magistrate. In any case the appellants complain that they had no notification of one hearing and were merely sent a copy of the Single Magistrate's decision. This is most unsatisfactory: we note that the first hearing was before 28 February 2000 and the decision given on 17 July 2001. This is far too long for a hearing to take.

Appeal allowed: decision of the Single Magistrate quashed and case returned to the Magistrate's Court for a speedy rehearing of which all parties to be notified.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEMAUA TENANO
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE