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Smith v Kaia [2004] KIHC 193; Land Appeal 49 of 2003 (30 July 2004)

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

High Court Land Appeal 49 of 2003

Between:

TEATU SMITH
TEITI TOOMA
TOUAMONE
Appellants

And:

EDWIN KAIA, BOBURE ANNAUA
Respondents

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

Date of Hearing: 30 July 2004

JUDGMENT
(Ex Tempore)

Mr Berina concedes the fresh ground of appeal filed by Ms Taoaba, that the appellant was not given a chance to state her case against the claim. She should have been given that chance. The proceedings miscarried. The appeal is allowed. The decision of the Single Magistrate quashed and the case returned to the Magistrates’ Court for rehearing. All parties must always be given the opportunity to give evidence and to call witnesses if they wish, before the Court comes to a decision.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate