Teitera v Bareti [2008] KIHC 58; Civil Case 85 of 2008 (29 October 2008)

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

High Court Civil Case 85 of 2008

Between:

Nei Buaa Teitera
Etei Tabakatarawa
Applicants

And:

Teingia Bareti
Respondent

For the Applicants: Mr Michael Takabwebwe
For the Respondent: Mr Banuera Berina

Date of Hearing: 29 October 2008

JUDGMENT
(Ex Tempore)

Application for certiorari to quash a decision of the Single Magistrate in CN MK 10/05. The application has been brought out of time but the applicants acted as soon as they became aware of the decision and of the subsequent appeals to the High Court and the Court of Appeal, both appeals upholding the original decision. Mr Berina not opposing, time within which to apply extended to 21 August 2008.

At the outset of argument on the substantive application I raised the question of the jurisdiction of this Court to reconsider a decision which has been made by the Court of Appeal. Irrespective of the merits of the application this Court does not have the jurisdiction to quash a decision which the Court of Appeal has already upheld. Only the Court of Appeal itself has the jurisdiction to consider again the correctness of the decision in CN MK 10/05, in the light of new evidence.

That being so the application must be refused. If so advised the applicants on appeal to the Court of Appeal may succeed whereas because this Court lacks jurisdiction they cannot succeed in the High Court.

THE HON ROBIN MILLHOUSE QC
Chief Justice