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Kautuntarawa v Tematang [2004] KIHC 77; Land Appeal 67 of 2003 (30 April 2004)

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

Land Appeal 67 of 2003

Between:

KAUTU KAUTUNTARAWA
Appellant

And:

TABIRIA TEMATANG
NABUREIMOA KAIEA
Respondents

For the Appellants: Ms Botika Maitinnara
For the Respondent: Mr Aomoro Amten

Date of Hearing: 30 April 2004

JUDGMENT
(Ex Tempore)

The only appeal is against costs awarded to the respondents. The appellant was the plaintiff. The first hearing was on 28 August 2003. The case was part heard and adjourned to 5 September. On the adjourned date the appellant did not turn up. The Single Magistrate dismissed the claim and awarded the respondents $50.00 costs. $50.00 was the amount claimed as, the respondents said, they had hired transportation to come to court.

The Single Magistrate did not see any receipts and merely accepted the word of the respondents. It would have been better to have asked to see something to support so comparatively large a claim for costs. However the magistrate was not obliged to do so. Costs are a matter of discretion in the court. We do not think we should interfere with the Single Magistrate's exercise of discretion.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE