Kanoanie v Ruata [2007] KIHC 121; High Court Civil Case 82 of 2007 (19 July 2007)

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

High Court Civil Case 82 of 2007

BETWEEN:

UAKERITA KANOANIE
Applicant

AND:

ATAUEA RUATA MT MM
KAATO KABURANE
Respondents

For the Applicant: Mr Karotu Tiba
For the Respondents: Mr Banuera Berina

Date of Hearing: 19 July 2007

ORDER
(Ex Tempore)

In CA 1/2006 the Court of Appeal reversed my decision not to grant an application for certiorari to review a decision (CN 26/96) of the Magistrates on Abaiang made in 1996. The applicant has succeeded in getting leave to have the case re-considered after 10 years. The applicant’s contention is that fraud tainted the decision in CN 26/96 in that neither the applicant nor his father, both of whom had an interest in the case, were informed of the hearing. That may give "rise to at least a prima facie case of fraud" as the Court of Appeal put it but it by no means amounts to strict proof of fraud. If fraud is strictly proved then that would be sufficient to quash the decision in CN 26/96.

Mr Tiba has indicated that he wishes an opportunity to call evidence strictly to prove fraud. He should be given that opportunity. The hearing is adjourned accordingly.

THE HON ROBIN MILLHOUSE QC
Chief Justice