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

HCLA 48/98

BETWEEN:

IAONIBUTINA MWAKAATA
Appellant

AND:

DEVELOPMENT BANK OF KIRIBATI
Respondent

Mr D Lambourne for the Appellant
Mr I Read for the Respondent

Date of Hearing: 18 September 1998

JUDGMENT

Leave having been granted to file the appeal out of time and the respondent having conceded the appeal, it is ordered as follows:

1.	Appeal allowed

2.	The decision of the Makin Magistrates' Court (Lands) in case No. 30/97 is set aside.

3.	The case is remitted to that court for retrial.

THE HON R B LUSSICK
Chief Justice
(18/09/98)

TEKAIE TENANORA
Magistrate
(18/09/98)

BETERO KAITANGARE
Magistrate
(18/09/98)