Home | Databases | WorldLII | Search | Feedback High Court of Kiribati

Teibuako v Obeta [2005] KIHC 19; Land Appeal 86 of 2004 (25 February 2005)

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

High Court Land Appeal 86 of 2004

Between:

TANIERA TEIBUAKO
Appellant

And:

TEBAKABO OBETA
Respondent

For the Appellant: Ms Jennifer Troup
No Appearance by Respondent

Date of Hearing: 25 February 2005

JUDGMENT
(Ex Tempore)

The respondent has been served with notification of the hearing today but has not appeared. The court has nevertheless heard the appeal: a party cannot delay a hearing by not appearing after due notification.

The Single Magistrate dismissed the appellant’s application for registration as he said there was insufficient evidence. He had not allowed witnesses for the applicant to give evidence as they had been in court during the evidence of the applicant. No order that witnesses leave the court until they give their evidence had been made.

The rule is this: a witness may remain in court before giving evidence unless the judge or magistrate has ordered that witnesses leave the court until called. That order may be made on his or her own motion or on the application of any party.

The Single Magistrate was in error in not allowing the applicant to call the witnesses. Their evidence may have been sufficient for the applicant to succeed.

The appeal is allowed: the decision of the Single Magistrate quashed and the case returned to the Magistrates’ Court for hearing again in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate