Tebanana v Tebanana [1996] KIHC 73; HCLA 131.90 (24 July 1996)

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

HCLA 131/90

BETWEEN:

NEI TOATAAKE TEBANANA
Appellant

AND:

KAITIBO TEBANANA
NATAN TEABORUA
Respondents

JUDGMENT

We are informed by the Court Clerk that the appellant is deceased. The respondents have been served with notices of hearing but make no appearance.

Before us is an application to appeal out of time. Even if all parties had been present the application would still have been doomed to failure. Not only was the reason given for the delay inadequate to explain 11 years of inactivity, but the appellant was not even a party to the proceedings in the court below.

The application is dismissed.

THE HON R B LUSSICK
Chief Justice
(24/07/96)

TEKAIE TENANORA
Magistrate
(24/07/96)

BETERO KAITANGARE
Magistrate
(24/07/96)