Tinganga v Baoro [2009] KIHC 34; Civil Case 101 of 2009 (27 July 2009)

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

HIGH COURT CIVIL CASE 101 OF 2009

BETWEEN:

TERORATI TINGANGA
APPLICANT

AND:

KAURE BAORO
NAMAKAINA RUAIA & FAMILY
ATTORNEY GENERAL IRO MAGISTRATES’COURT
RESPONDENTS

For the Applicants: Sr Bernadette Eberi
No Appearance for the Respondents

Date of Hearing: 27 July 2009

JUDGMENT
(Ex Tempore)

Sr Bernadette tells the Court that Ms Kirata, for the respondents is sick. As the case seems so clear I have heard it and have come to a decision in the absence of the respondents who will have three months in which to apply.

The unchallenged facts are set out in the applicant’s affidavit sworn the 23rd July and in the judgment of this Court in the Land Jurisdiction in HCLA 87/06. Although it should have gone without saying, it is a pity that in our judgment in LA 89/06 we did not point out that when the Single Magistrate gave further consideration to the question of fraud the applicants should be heard as well as the respondents. Unfortunately the applicants were not represented or heard and knew nothing of the hearing until unable to collect rents.

That being so the decision in CN 621/08 must be quashed. [In that case a decision made on 22 February 2008 is mentioned but no minutes of it can be found. That decision, too, should be quashed.]

This is an application for review but it is out of time – decision 11/06/08: amended application 22/07/09 – more than 12 months. I shall regard it not as an application for review but for certiorari and extend the time for making it to 23 July 2009.

Application granted: decision made on 22 February 2008 and in CN 621/08 quashed.

The respondents have three months within which to apply.

THE HON ROBIN MILLHOUSE QC
Chief Justice