Utire v Tenanoa [1996] KIHC 40; HCLA 019.92 (22 July 1996)

IN THE HIGH COURT OF KIRIBATI
HELD AT MARAKEI
(BEFORE THE HON R LUSSICK C.J.)

HCLA 19/92

BETWEEN:

TEIBIROA UTIRE
Appellant

AND:

WAKARATI TENANOA
Respondent

Mr D Lambourne for the Appellant
Respondent in person

JUDGMENT

Counsel for the appellant named on the record advises that that person is now deceased. However, he further advises that the daughter of the named appellant knows of no grievance caused to the named appellant by the decision of the lower court.

A perusal of the notice of appeal shows that it was filed by one Rui Tenanoa and therefore this is the person who should have appeared on the record as the appellant.

We are informed that a notice of hearing was issued to Rui Tenanoa but to date there has been no return of service.

We do not consider it necessary that he appear in court because his application for leave to appeal out of time has no prospect of success at all.

The application is brought some 13 years after the decision sought to be appealed. The applicant was not a party to those proceedings in any event and so has no right of appeal.

We therefore have no other course but to dismiss the application.

THE HON R B LUSSICK
Chief Justice
(22/07/96)

TEKAIE TENANORA
Magistrate
(22/07/96)

BETERO KAITANGARE
Magistrate
(22/07/96)