Mangoniti v Obeta [2001] KIHC 23; Land Appeal 49 of 1988 (10 April 2001)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION
HELD AT ABAOKORO
REPUBLIC OF KIRIBATI

High Court Land Appeal 49 of 1988

Between:

NEI TAKORIRI MANGONITI
Appellant

And:

NEI TERETIA OBETA
Respondent

For the Appellant: Ms Taoing Taoaba
For the Respondent: Mr Aomoro Amten

Date of Hearing: 10 April 2001

JUDGMENT
(Ex Tempore)

This is an application for leave to appeal from the decision of the magistrates in case 62/87. Their decision was given on 22 October 1987. The appellant Nei Takoriri Mangoniti deposes in an affidavit she now files that she gave instructions to Mr Teiwaki to lodge an appeal. There is on the file an unsigned letter from Mr Teiwaki dated 9 March 1988 asking for leave to appeal out of time in case No. 7/84. Nei Takoriri says this was a mistake on Mr Teiwaki’s part; he should have sought to appeal in case 62/87. Thereafter Nei Takoriri left it to Mr Teiwaki to deal with the matter. Apparently nothing more happened until a few days ago when Nei Takoriri heard on the wireless that the appeal was to come on this week. Nei Takoriri came to the Court and instructed Ms Taoaba to act for her. It was only then that she found out Mr Teiwaki’s mistake.

The mistake does not matter. The significant thing is that Nei Takoriri let the matter go for 13 years without doing anything.

We consider the delay is far too long for us to grant leave to appeal out of time.

The application is refused.

	THE HON ROBIN MILLHOUSE QC CHIEF JUSTICE
TEKAIE TENANORA MAGISTRATE			BETERO KAITANGARE MAGISTRATE