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Kiaman v Binauea [2004] KIHC 103; Land Appeal 53 of 2002 (14 May 2004)

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

Land Appeal 53 of 2002

Between:

MAUERERE KIAMAN & ORS
Appellants

And:

TAAKE BINAUEA & PETER KUM KEE
Respondents

For the Appellants: Mr Banuera Berina
For the Respondents: Mr Aomoro Amten

Date of Hearing: 14 May 2004

JUDGMENT
(Ex Tempore)

The Single Magistrate made a determination of a boundary which had originally been fixed in 1982. He did so after hearing evidence from both parties. The boundary he fixed was that contended for by the respondent. In the course of coming to his conclusion the Single Magistrate made several findings of fact. One at least of these findings is challenged by Mr Berina: viz., that the respondent N. Taake is still residing on the land: there is no evidence to support that finding. Mr Berina has submitted that this unsupported finding by the Single Magistrate must throw doubt upon his final decision.

We agree. The decision is unsafe. The appeal is allowed and the case returned to the Magistrate's Court for hearing again by another Single Magistrate.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE