Tiaon v Biribo [2004] KIHC 195; Land Appeal 14 of 2004 (30 July 2004)

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

High Court Land Appeal 14 of 2004

Between:

NAMOUA TIAON
Appellant

And:

NAOMI BIRIBO
Respondent

For the Appellant: Mr Aomoro Amten
For the Respondent: Mr Banuera Berina

Date of Hearing: 30 July 2004

JUDGMENT
(Ex Tempore)

This is an application for review of a decision made in CN 193/02 on 9 July 2002. The application is dated 22 April 2004. On the face of it, out of time. Mr Amten referred us to S.11 of the Lands Code saying that the matter was not complete until the lease was signed on 15 April 2003.

Mr Berina argued that the matter was decided on 9 July 2002: the lease was merely a consequence of the decision. He reminded the Court that an application for review must be made within 12 months. The application is out of time. Having heard both counsel we must dismiss the application. It is out of time. The crucial date was 9 July 2002 when the Single Magistrate gave his decision.

The application for review is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate