Ioane v Tabai [2004] KIHC 25; Land Appeal 13 of 2003 (13 February 2004)

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

Land Appeal 13 of 2003

Between:

TEREREI IOANE
Appellant

And:

IEREMIA TABAI
Respondent

For the Appellant: Ms Taoing Taoaba
For the Respondent: Ms Jacqueline Huston

Date of Hearing: 13 February 2004

JUDGMENT
(Ex Tempore)

The applicant, who has died, in 1996 tried to appeal against the decision which it is now sought to have reviewed. He did not turn up at the hearing and the High Court noting that the appeal was out of time and he was not present, dismissed it. Now eight years later he has sought to have the same decision reviewed. He is dead and it is too late to seek a review.

Application refused.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE

BETERO KAITANGARE
MAGISTRATE

RARATU IEITA
MAGISTRATE