Katabono v Kabuati [1996] KIHC 48; HCLA 196.90 (23 July 1996)

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

HCLA 196/90

BETWEEN:

TIAON KATABONO
Appellant

AND:

IOBI KABUATI
TAIA KABUATI
TIMEON KABUATI
Respondents

Appellant represented by son
Mr D Lambourne for the Respondents

JUDGMENT

The applicant is ill in Tarawa and is represented by his son in these proceedings.

Before the court is an application for leave to appeal out of time. The applicant brought a claim against an estate before the Land Magistrates' Court in 1970. The decision went against him. Apparently he did nothing about seeking to appeal until 20 years later in 1990. The only reason he gives for the delay is that he has lived on Tarawa since 1970.

He was present in court in 1970 when the decision was delivered. We cannot see why he did not file an appeal at that stage if he felt aggrieved. We cannot see any justification for letting him in to appeal after a delay of 20 years.

The application is entirely without merit and is accordingly dismissed.

THE HON R B LUSSICK
Chief Justice
(23/07/96)

TEKAIE TENANORA
Magistrate
(23/07/96)

BETERO KAITANGARE
Magistrate
(23/07/96)