Tentoa v Tabanou [1998] KIHC 27; HCLA 046.97 (19 June 1998)

IN THE HIGH COURT OF KIRIBATI
(BEFORE THE HON R LUSSICK)

HCLA 46/97

BETWEEN:

BITETI TENTOA
Appellant

AND:

MARIA TABANOU
FOR ISSUES OF
TEAONNANG TEABO
Respondent

Mr B Berina for the Appellant
Mr D Lambourne for the Respondent

Date of Hearing: 19 June 1998

JUDGMENT

The appellant has not come to court today. When the case was last before us on 27 February 1998 Counsel for the appellant, Mr Berina, was unable to proceed with the appeal because his client had not been to see him to give him instructions. The appellant was present in court on that occasion. The case had to be adjourned until today. Mr Berina now tells us that his client has been to see him only once in the meantime, on which occasion he gave her certain advice. Mr Berina has not seen the appellant since that time and has no idea why she has not come to court today.

Counsel for the respondent has submitted to us that in the circumstances the appeal ought to be dismissed. We agree.

The appeal is dismissed for want of prosecution.

THE HON R B LUSSICK
Chief Justice
(19/06/98)

TEKAIE TENANORA
Magistrate
(19/06/98)

BETERO KAITANGARE
Magistrate
(19/06/98)