Kaiea v Karaeba [2004] KIHC 240; Land Review 08 of 2004 (22 October 2004)

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

High Court Land Review 8 of 2004

Between:

MANRAOI KAIEA
Applicant

And:

ATANIMAN KARAEBA
Respondent

For the Appellant: Ms Botika Maitinnara
For the Respondent: Mr Aomoro Amten

Date of Hearing: 22 October 2004

JUDGMENT
(Ex Tempore)

This is an application for review of a decision given on 15 February 2000. The application is dated 7 April 2004 – well beyond the 12 month limit. The Court of Appeal has held that there is no power to extend the time within which an application for review may be made. However the Court of Appeal has suggested in a recent decision a way to avoid the statutory prohibition against the extension of time. Perhaps this applicant may take that way.

The application for extension of time for review is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice

BETERO KAITANGARE
Magistrate

RARATU IEITA
Magistrate