Tianuare v Tabwebweiti [2001] KICA 1; Land Appeal 12 of 2000 (3 April 2001)

IN THE KIRIBATI COURT OF APPEAL
LAND JURISDICTION
HELD AT BETIO, KIRIBATI

Land Appeal No. 12 of 2000

BETWEEN:

ATANIBEIA TIANUARE
Appellant

AND:

TIANUARE TABWEBWEITI
MATIBEI TAKARAWA
Respondents

Before: Casey JA
Bisson JA
Tompkins JA

Counsel: The appellant in person
Mr B Berina for the respondent

Date of Hearing: 3 April 2001
Date of Judgment: 3 April 2001

JUDGMENT OF THE COURT

[1] The appellant Atanibeia Tianuare has given notice of appeal to this Court against the judgment of the High Court dismissing his appeal against a decision of the South Tarawa Magistrates' Court in case 133/98. The judgment of the High Court records that at an adjourned hearing the appellant did not appear nor did anyone appear on his behalf and in the circumstances the appeal was dismissed for want of prosecution. The appeal to this Court is well out of time being filed on 5 October 2000 whereas the High Court judgment was delivered on 15 October 1999.

[2] In his notice Mr Tianuare asked this Court for leave to appeal out of time and that the Magistrates' Court judgment relating to the transfer of land to the second respondent be set aside. We have told Mr Tianuare that this Court is not in a position to accept an appeal against the High Court's dismissal of his appeal there for want of prosecution quite apart from the question of delay in coming to this court for which there has been no satisfactory explanation in the papers he has filed. We explained to him that the appeal will have to be dismissed but that his appropriate course is to go back to the High Court and ask it to re-hear the case on the merits, if it sees fit to do so in the light of his explanation for not turning up at the adjourned hearing.

Result

Appeal dismissed.

Casey JA
Bisson JA
Tompkins JA