Betero v Autaene [1997] KIHC 47; HCLA 148.88 (10 June 1997)

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

HCLA 148/88

BETWEEN:

BATETEBA BETERO & BROTHERS
Appellants

AND:

N. TERIA AUTAENE
Respondent

No appearance of Appellants
Respondent represented by grandson Taumatoa Moutu

Date of Hearing: 10 June 1997

JUDGMENT

Both the appellant and the respondent are deceased.

There is a letter on file dated 30^th May 1997 from Batio Riannaba to the Chief Justice. The writer identifies himself as the issue of one of the sisters of the deceased appellant Bateteba Betero. He requests an adjournment because he is unable to come to Abemama.

The appeal filed by Bateteba Betero on behalf of himself and his brothers was against the decision of the magistrates' court in case No. 44/87 delivered on 24 June 1987. In their decision the magistrates approved a sale of a certain 3 acres of land from Nei Teria Autaene (Bateteba's step-mother) to Kautaake and Taom.

It is clear from the minutes of that case that neither Bateteba nor any of his brothers or sisters were parties to that case and so none of them had a right to bring an appeal. Only a party to the case can appeal the decision therein. If Bateteba thought that he or his brothers or sisters had a justiciable claim then his only recourse was to bring a separate action. It was not something he could do by way of appeal. It is a great pity that he was not given the proper advice during his lifetime.

In the circumstances the appeal will be dismissed.

THE HON R B LUSSICK
Chief Justice
(10/06/97)

TEKAIE TENANORA
Magistrate
(10/06/97)

BETERO KAITANGARE
Magistrate
(10/06/97)