Terinan v Tawetia [2004] KIHC 132; Land Appeal 61 of 1988 (8 June 2004)

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

High Court Land Appeal 61 of 1988

Between:

UETAAKE TERINAN
Appellant

And:

N. MANGARITA TAWETIA
Respondent

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

Date of Hearing: 8 June 2004

JUDGMENT

Mr Amten has told the Court that the appellant is dead. We notice from the file that in 1996 he was too sick to come from Tarawa to Maiana for a hearing. According to his note in 1996 Lussick CJ queried whether the appeal was lodged out of time: the Notice of Appeal has no date.

Mr Amten has now asked for an adjournment and transfer of hearing to South Tarawa. The late appellant's daughter says she knows nothing of the case but has a brother on Butaritari who may. Ms Taoaba opposes the transfer: her client's husband is old and sick: she could not come to Tarawa.

This appeal comes from a retrial ordered by the High Court in 1986. The appeal is now about 18 years old and the litigation ever older. It is time to bring the case to an end.

Application for adjournment and transfer refused. Appeal dismissed but the appellant representative may apply in Tarawa within the next six months.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate