Kairo v Nabuti [2004] KIHC 214; Land Appeal 18 of 2004 (16 August 2004)

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

High Court Land Appeal 18 of 2004

Between:

TEWANIMONE KAIRO MT MM
Appellants

And:

RINEIETA NABUTI
BWEBWE BETERO
Respondents

For the Appellant: Mr Katarake Tebweao
For the Respondents: Mr Banuera Berina

Date of Hearing: 16 August 2004

JUDGMENT
(Ex Tempore)

The appellants face several difficulties which they can’t overcome.

First they were not parties in CN 12/1995 and so have no standing to appeal: only parties may appeal to a higher court against a decision.

Secondly the decision from which they try to appeal was in 1995. Tewanimone says he became aware of it in 1997 but it has taken him until this year to do anything about it.

Thirdly had this been an application for review, which the appellants would have been competent to make, it would still be out of time. S.81(4) of the Magistrates’ Court Ordinance allows only one year from a decision in which to apply for review. The court has no power to extend time. We have on several occasions said that the court should be given discretion to extend time. The law as it stands may work quite unfairly. It is a matter for Parliament. Parliament can give the court discretion by amending the section.

The application for leave to appeal out of time is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate