Aroito v Kauaba [1996] KIHC 126; Land Appeal 38 of 1990 (29 February 1996)

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

HCLA 38/1990

BETWEEN:

BAKAREWE AROITO
AND OTHERS
Appellant

AND:

TIROKAINGA KAUABA
AND OTHERS
Respondent

JUDGMENT

This is an application dated 23 March 1990, further supported by a notice of motion dated 9 November 1992 seeking leave to appeal a decision of the magistrates made in 1955 in case No 107/55.

The applicant was not a party to the proceedings in 1955.

Mr Berina, for the applicant today, rightfully concedes that the applicant has no locus standi to appeal and seeks to withdraw the application.

Leave to withdraw the application is granted and leave to appeal out of time is refused.

B. SUTTILL
Commissioner
(29/2/96)

Tekaie Tenanora
Magistrate
(29/2/96)

Betero Kaitangare
Magistrate
(29/2/96)