Matao v Teuea [2004] KIHC 109; Land Appeal 46 of 2003 (20 May 2004)

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

Land Appeal 46 of 2003

Between:

N. MATAO
NIKOTAAKE TAITAI
Appellants

And:

N. KANTARAWA TEUEA MT MM
TEIBORI MT MM
Respondents

For the Appellants: Ms Jennifer Troup
For the Respondents: Mr Aomoro Amten

Date of Hearing: 20 May 2004

JUDGMENT
(Ex Tempore)

This is an application for leave to appeal out of time against a decision of the Magistrates' Court given in 1960. The application is refused because, in the absence of fraud, it is far too long ago for this Court to disturb rights since established.

Mr Amten has pointed out also that an appeal is misconceived: the present applicants for leave were not parties to the case in 1960. Their proper remedy, if they have one, is to ask this Court for a review of the 1960 proceedings. Fresh proceedings would be necessary for that request.

Application for leave to appeal out of time dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

TEIKAUEA TEOTI
MAGISTRATE