Kabatikua v Tubutei [1997] KIHC 30; HCLA 065.89 (27 May 1997)

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

HCLA 65/89

BETWEEN:

ETUATI KABATIKUA
Appellant

AND:

NAWERE TUBUTEI
Respondent

Mr B Berina for Appellant
No appearance of Respondent

Date of Hearing: 27 May 1997

FILE MINUTE

The respondent did not appear when the case was called on for hearing today. There is proof of service on file.

We were reluctant to proceed in the absence of the respondent or his representative.

The case is therefore adjourned to the next sittings on Kuria. The appellant is given leave to apply to transfer the hearing to South Tarawa should he so decide.

The Senior Registrar is to write to the respondent and inform him that when the case was called on for hearing in Kuria on 27 May 1997 the respondent did not appear, even though a notice of hearing was served on him. There was no explanation for his absence. If this happens on the next occasion the appeal is set down for hearing then the appeal will be heard in his absence unless he nominates a relative or lawyer to represent him.

The Senior Registrar is also to note that as soon as a new hearing date is available a notice of hearing is to be served on the respondent as soon after that as possible.

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