Tekautu v Burenina [1996] KIHC 116; Land Appeal 88 of 1990 (31 January 1996)

IN THE HIGH COURT OF KIRIBATI
(BEFORE B SUTTILL C.)

HCLA 88/90

BETWEEN:

TABORO TEKAUTU AND N. TARA TEAIORO
Appellants

AND:

MARETA BURENINA, MANGARITA BURANINA
AND EKEMAN KAUTUNTARAWA
Respondents

JUDGMENT

The appellants in this case are absent today. They were present on the last occasion and noted the adjournment to today.

The papers filed by the appellants in support of their appeal show, in any event, that the appellants seek to cover the same ground as that covered in HCLA 110/86 and HCLA 149/89.

It is clear from these papers, filed by the appellants themselves, that any dispute as to the boundary between Tebukinnatu 824(e) and 824(o) which is the matter the subject of this appeal has long been resolved in this court and it is not open to us to institute a fresh enquiry.

In any event the appellants are not present to prosecute their appeal and it is accordingly dismissed for want of that prosecution.

Costs of $50 are awarded to the respondent to be paid, within 14 days hereof, by the appellant.

B. SUTTILL
Commissioner
(31/1/96)

TEKAIE TENANORA
MAGISTRATE
(31/1/96)

BETERO KAITANGARE
MAGISTRATE
(31/1/96)