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Tibwere v Kairoronga [2005] KIHC 10; Land Appeal 39 of 2004 (11 February 2005)

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

High Court Land Appeal 39 of 2004

Between:

TIBWERE REP BY KATABABA,
TERIBWEBWE TEKABWEBWERE,
TEKIMAU MEME REP IENREREI,
KAURIA BURAUA,
IOTEBA KOBAUA & TATANG TAUA
Appellants

And:

AKITAAKE KAIRORONGA MT
Respondents

For the Appellants: Ms Jennifer Troup
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 11 February 2005

NOTE

Ms Troup’s argument is that 777B has been divided into two each of equal width, 23 paces: therefore to find the boundary between 777b2 and 777n – start at the left boundary of b1, go 23 paces to fix the boundary with b2, then go another 23 paces to fix the boundary between b2 and 777n. This is what should have been done (she says this is what the surveyors did). The Single Magistrate made a mistake in thinking that 777b and 777n had once been once and fixed the boundary between appellant and respondent on that mistake.

Ms Taoaba’s argument is that the Single Magistrate made no mistake in thinking 777b and 777n had once been one: that is what the 1974 minute shews. Ms Taoaba wants to consider the surveyor’s evidence. Ms Troup supplies a copy which is to be translated. Adjourned for further hearing to 11 March.