Batee v Trustees for Jehovahs Witness Church [2005] KICA 12; Land Appeal 05 of 2005 (8 August 2005)

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

Land Appeal No 5 of 2005

BETWEEN

MIKAERE BATEE AND BATIRIO
APPELLANTS

AND

TRUSTEES FOR JEHOVAH’S WITNESSES CHURCH
RESPONDENT

Before: Hardie Boys JA
Tompkins JA
Fisher JA

Counsel: Glenn Boswell for appellants
The respondent in person

Date of Hearing: 2 August 2005
Date of Judgment: 8 August 2005

JUDGMENT OF THE COURT

Application for leave to appeal

[1] The appellants have applied for leave to appeal from the decision of the High Court given on 23 November 2001 dismissing an appeal from the Magistrate’s Court relating to a boundary determination. An affidavit has been filed by the first appellant explaining the reason for the delay. In the circumstances disclosed, we grant leave to the appellants to appeal out of time.

Application for adjournment.

[2] The respondents have applied for an adjournment of the appeal to the next sitting of the Court of Appeal. Although the notice of appeal was filed on 29 March 2005, through an oversight on the part of the solicitors acting for the appellants, it was not served on the respondent until 27 July 2005. In the short time available to it, the respondent has tried but has not succeeded in obtaining counsel to act for the Church.

[3] Mr Boswell not opposing, the appeal is adjourned to the next sitting of the Court of Appeal. We make no order for costs.

Hardie Boys JA
Tompkins JA
Fisher JA