IN THE HIGH COURT OF KIRIBATI
(BEFORE THE HON R LUSSICK)

HCLA 75/97

BETWEEN:

UETAAKE & ORS
Appellants

AND:

IOTEBWA & ORS
Respondents

Mr B Berina for the Appellants
Mr D Lambourne for the Respondents

Date of Hearing: 19 June 1998

JUDGMENT

In accordance with the agreement reached between Counsel for the appellants and Counsel for the respondents, we order as follows:

The appeal is allowed and the decision of the Magistrates' Court in case No. BD 129/96 be set aside. The case is remitted to the Magistrates' Court for re-trial. We direct that the re-trial not be heard by Single Magistrate Karotu Tiba who has given affidavit evidence in this appeal.

THE HON R B LUSSICK
Chief Justice
(19/06/98)

TEKAIE TENANORA
Magistrate
(19/06/98)

BETERO KAITANGARE
Magistrate
(19/06/98)