Anterea v Uere [1997] KIHC 27; HCLA 094.90 (27 May 1997)

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

HCLA 94/90

BETWEEN:

ARE ANTEREA
Appellant

AND:

MONIKA UERE
Respondent

Date of Hearing: 27 May 1997

JUDGMENT

The appellant was present in Court but not the respondent. There is a letter on file from two of the respondent's children advising that the respondent has passed away.

The appellant applies for leave to appeal out of time against the decision in a 1964 case. The appellant brought his application in 1990, some 26 years after the decision. We note from the minutes of case no. 23/64 that the appellant's father applied to the lower court to approve a gift for kindness of certain lands to the respondent. The court approved the transfer of the lands to the respondent and ordered that such lands be registered in her name.

The appellant was not a party to those proceedings and so has no right to appeal them. Only a party to proceedings can appeal against the decision therein. If the appellant thinks that he has a justiciable claim then his only recourse is to bring a separate action. It is not something he can do by way of appeal.

Leave to appeal out of time is therefore refused.

The appellant is advised that he has a right to appeal to the Court of Appeal within 6 weeks.

THE HON R LUSSICK
Chief Justice
(27/05/97)

TEKAIE TENANORA
Magistrate
(27/05/97)

BETERO KAITANGARE
Magistrate
(27/05/97)