Tominiko v Tekaai [2009] KIHC 67; Civil Case 166 of 2008 (8 October 2009)

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

HIGH COURT CIVIL CASE 166 OF 2008

BETWEEN:

UTIMAWA TOMINIKO & OTHERS
APPLICANTS

AND:

BEREWIRA TEKAAI
AROBETE TIO S
RESPONDENTS

For the Applicants: Mr Raweita Beniata
For the Respondents: Mr Banuera Berina

Date of Hearing: 8 October 2009

JUDGMENT
(Ex Tempore)

This application for review was due to be heard this morning. The hearing has been delayed many times. On 11 August 2009 Mr Berina wrote urgently to the Chief Registrar pointing out that this is a 2008 case and asking that it be listed for mention. It was listed on 14 August. The following are my notations on the file:

14 Aug 09: Beniata to find the file. Unless he can justify the application, strike out. For mention on 4 September.

4 Sept: File still not found: unless Beniata has instructions, strike out. For mention on 18 September.

18 Sept: Beniata now has instructions from Applicant: will redraft application. Unless ready to be set down, strike out on 2 October. Minutes to be translated. For mention on 2 October.

2 Oct: Standby for weeks 6 Oct and 12 Oct (2 hrs). Priority for Thursday 22 October.

On 2 October the application was made a stand by for this week. It has now been called on today.

Dated today Mr Beniata has presented a Notice of Motion asking for an order "that the Attorney General on behalf of the Director of Lands be joined as a Third Respondent to this proceeding".

Mr Berina has opposed the application. The interests of his client to have the matter disposed of after so long must be weighed against those of the applicant. The application to join could have been made long ago. If it were to be granted now the hearing and disposal of the case would be delayed for many months. That would be mot unfair to the respondents.

Quite apart from that I can see no reason why it should be necessary to join the Attorney General on behalf of the Director of Lands. What remedy would be sought against him is not clear. To have had him to give evidence, perhaps, but not to be joined as a party and that should have been organized before this.

The application to join the Attorney General as a Third Party is refused.

Mr Beniata is not able to proceed today: application struck out.

Mr Beniata has asked for liberty to take fresh proceedings. I have been unwilling to grant liberty but have finally decided to grant it. It will be on conditions that the proceedings be taken within two months and that at the time they are first lodged with the Court $750.00 be paid in as security for costs.

THE HON ROBIN MILLHOUSE QC
Chief Justice