Nariki v Buranina [2005] KICA 1; Land Appeal 04 of 2004 (8 August 2005)

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

Land Appeal 4 of 2004

BETWEEN:

TIETIE NARIKI
Appellant

AND:

MARETA BURANINA & OTHERS
Respondents

Before: Hardie Boys JA
Tompkins JA
Fisher JA

Counsel for Appellant: Katarake Tebweao
Counsel for The Respondents: Glenn Boswell

Date of Hearing: 3 August 2005
Date of Judgment: 8 August 2005

JUDGMENT OF THE COURT

[1] The appellant seeks leave to appeal against a decision of the High Court delivered on 28 November 1986. The reason given for the inordinate delay is that there was no right of appeal at that time. This was a land appeal, and s.78 of the Magistrates’ Courts Ordinance then declared that decisions of the High Court on such appeals were final.

[2] In 1990, section 2 of the Magistrates’ Courts (Amendment) Act 1990 amended s.78 to enable appeals to be brought to this Court. It was because of that amendment that the appellant now hopes to bring an appeal, although the hope has been slow to materialize, for another 14 years or so have passed by without explanation.

[3] The appellant faces the insurmountable initial difficulty that the 1990 Amendment was not retrospective. It did not confer a right of appeal on all or any of the many cases that must have been finally disposed of before it was enacted. The appellant had no right of appeal to this court in 1986, and did not acquire such a right in 1990.

[4] We accordingly have no jurisdiction to entertain the application which is therefore dismissed. The respondent is entitled to costs to be agreed or failing agreement to be taxed by the Registrar.

Hardie Boys JA
Tompkins JA
Fisher JA