Ruata v Kanoanie [2002] KIHC 16; Land Appeal 13 of 2000 (20 September 2002)

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

High Court Land Appeal 13 of 2000

Between:

ATAUEA RUATA
Appellant

And:

UAKERITA KANOANIE
Respondent

For the Appellant: Mr Banuera Berina
For the Respondents: Ms Batitea Tekanito

Date of Hearing: 20 September 2002

JUDGMENT
(Ex Tempore)

We made an order on 26 July 2002 and gave reasons for it. Those reasons should be read in conjunction with these reasons.

We have this morning heard argument on the point of our power to review a decision which was made about six years ago.

Mr Berina has pointed to s. 81 of the Magistrates' Courts Ordinance and particularly to ss (4):

The powers conferred by this section shall not be exercised in respect of any case after the expiration of 12 months from the date of the passing of the sentence or the giving of judgment, order or decision terminating the proceedings in such case in the magistrates' court, and in respect of which the High Court shall not up to then have taken any action.

That subsection is in mandatory terms. Ms Tekanito has gallantly tried to argue against it, referring to Os 62 and 65. We are afraid the Ordinance is too strong for her. S. 81(4) contains a prohibition "shall not be exercised".

We conclude that we do not have power to review the decision made in 1996.

I may add that even if we had the power I personally would have been unwilling – although open to persuasion perhaps after argument – to exercise it after so long.

The appeal is allowed and the decision in 26/96 is confirmed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE