Ruata v Kanoanie [2002] KIHC 34; Land Appeal 13 of 2000 (26 July 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 Respondent: Ms Batitea Tekanito

Date of Hearing: 26 July 2002

ORDER
(Ex Tempore)

Mr Berina has argued that in C/No. 5/99 the magistrates accepted without proof that the decision in 26/96 had been made based on a fraud: fraud must be proved strictly but there was no proof: yet the magistrates based their decision on the assumption of fraud. If the decision in 26/96 were based on a fraud then it should be corrected. The question is how? The parties to 26/96 were satisfied with the decision so there is no question of an appeal out of time. The only other course would seem to be a judicial review. Mr Berina has expressed a doubt as to whether this Court has the power to extend time to allow a review after six years. We think that question must be argued and decided. If we have power to extend time for review then the question of whether the judgment in 26/96 were obtained by fraud can be tried out and also the point which Ms Tekanito has raised that 26/96 was decided contrary to a 1961 decision. If we cannot review 26/96 then it will have to stand and we must decide this appeal on that basis. Hearing adjourned to allow the parties to argue the point as to whether we can review the decision in 26/96.

The order made on 20 April 2000 stands.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

TEKAIE TENANORA
MAGISTRATE

BETERO KAITANGARE
MAGISTRATE