Tongaai v Brechtefeld [1996] KIHC 150; Land Appeal 224 of 1990 (9 April 1996)

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

HCLA 224/1990

BETWEEN:

BARANIKO TONGAAI
Appellant

AND:

URIAM BRECHTEFELD
Respondent

JUDGMENT

The appellant is not present and several attempts to trace him have failed.

The magistrates ordered the sale of a canoe and equal distribution of the proceeds between the appellant and the respondent.

When the appeal was lodged there was apparently a stay of execution and the canoe was ordered to lie where it was and not to be touched.

There it has laid for 5½years and is now a wreck and of no value. This does not speak too well of the justice available to litigants in Kiribati.

There seems no point in prolonging a dispute over a valueless item.

The appeal is dismissed for want of prosecution.

B. SUTTILL
Commissioner
(9/4/96)

Tekaie Tenanora
Magistrate
(9/4/96)

Betero Kaitangare
Magistrate
(9/4/96)