Tannang v Temare [2013] KICA 2; Civil Appeal 02.2013 (23 August 2013)

IN THE KIRIBATI COURT OF APPEAL
CIVIL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI
Civil Appeal No. 2 of 2013

BETWEEN

KATEIA TANNANG FOR THE FAMILY
APPELLANTS

AND

TEABIKE TEMARE
1^ST RESPONDENT

ATTORNEY-GENERAL IRO LANDS COURT
2ND RESPONDENT

Before: Paterson JA
Blanchard JA Handley JA
Counsel: Mantaia Kaongotao for appellants Banuera Berina for 1st respondent
Date of Hearing: 22 August 2013
Date of Judgment: 23 August 2013

JUDGMENT OF THE COURT

1. The appellants moved the High Court for leave to apply for an order of certiorari quashing a decision of the Magistrates' Court in CN BA 377/91 given on 31 July 1991. Chief Justice Sir John Muria declined to give leave and this is an appeal from that decision.
   
2. Early in the hearing Counsel for the appellants sought leave to withdraw the appeal. This was because quashing the Magistrates' Court's decision would not achieve what the appellants are seeking. There is a 1948 decision which also stands in the way of any claim by the appellants.
   
3. The first respondent sought costs and in the circumstances is entitled to them.
   
4. The Court orders:
   
   • (a) The appeal is dismissed;
     
   • (b) The appellant is to pay $750 to the first respondent for costs and disbursements;
     
   • (c) The security for costs paid to this Court is to be paid to the first respondent.
     

Paterson JA

Blanchard JA

Handley JA