In the High Court of Kiribati
Land Jurisdiction
Held at Betio
Republic of Kiribati

High Court Land Appeal 42 of 2003

Between:

Maria Tebenea
Appellant

And:

Karaoia Kaotan
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Ms Jennifer Troup

Date of Hearing: 11 February 2005

JUDGMENT
(Ex Tempore)

Mr Berina’s argument rests on a previous decision in CN 50/97, an earlier case which determined the boundary between these parties. Apparently CN 50/97 was not brought to the Single Magistrate’s attention and he has fixed a different boundary. That it is different appears from the sketch plans in the respective minutes.

One court cannot over rule a decision of another court of the same jurisdiction. The boundary fixed in 50/97 must stand.

The appeal is allowed and the decision of the Single Magistrate is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate