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

Koakoa v Kaobunang [2003] KIHC 78; Land Appeal 25 of 1998 (12 June 2003)

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

High Court Land Appeal 25 of 1998

Between:

TEKINA KOAKOA
Appellant

And:

KATIKUA KAOBUNANG & TERIKAUA
Respondents

For the Appellant: Mr Banuera Berina
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 12 June 2003

JUDGMENT
(Ex Tempore)

The Court of Appeal in LA 4/94 implied that the frontage of the appellant's land was 25.88m "....it can be deduced that the Magistrates regarded the land as divided so that each of Plots (a), (u), (m) and (n) had a frontage of 12.94 metres, and each of Plots (e), (i) and (o) had a frontage of 25.88 metres" (page 2 of the judgment). The appellant is the owner of plot (o). The Court of Appeal did not of course fix the boundary on the ground, merely confirmed that the frontage to which the appellant was entitled was 25.88m. It was then a matter of fixing the boundary on the ground, giving the appellant a frontage of 25.88m. Unfortunately in fixing the boundary on the ground the Single Magistrate did not give the appellant a frontage of 25.88m but less. This was an error. The appellant is entitled to a frontage of 25.88m.

The appeal is allowed, the order of the Single Magistrate quashed and the case returned to the Magistrate's Court for the fixing of the boundary of the appellant's land in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate