Tokataake v Betero [1996] KIHC 74; HCLA 204.90 (25 July 1996)

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

HCLA 204/90

BETWEEN:

UERE TOKATAAKE
Appellant

AND:

KORERE BETERO
Respondent

JUDGMENT

There was no appearance of the appellant when this case was called and the Court Clerk informs us that enquiries reveal that he is currently living in the Solomon Islands. There is no telling when he will return to Marakei, if at all and he has not left a forwarding address.

This case has been listed for hearing twice this year and on both occasions it has not been possible to serve the appellant with a notice of hearing. In fact nothing has been heard from him since 1st November 1990, which was the date he filed this appeal.

On the other hand, the respondent, who lives on Christmas Island and is said to be a sick old man, has arranged, at considerable expense, for himself to be represented on the two occasions this case has been listed for hearing this year.

If this case were to remain in the list it is probable that a similar situation will arise every time it is fixed for hearing. This, of course, would be unjust to the respondent.

We note also that the appeal was filed out of time. It is only 6 days out of time but it is nevertheless out of time, which means that the appellant does not have a right to appeal without leave of the court. No application for such leave has ever been filed.

In the circumstances, and also taking into account that the appellant appears to have abandoned the appeal in any event, the appeal will be dismissed.

THE HON R B LUSSICK
Chief Justice
(25/07/96)

TEKAIE TENANORA
Magistrate
(25/07/96)

BETERO KAITANGARE
Magistrate
(25/07/96)