Robuti v Tiweri [2010] KIHC 30; Civil Case 24 of 2009 (2 March 2010)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION

High Court Civil Case 24 of 2009

HELD AT BETIO
REPUBLIC OF KIRIBATI

BETWEEN:

IAOKIM ROBUTI mt mm
with Issues of Robuti Manikaai mt mm
Applicants

AND:

BUIBUI TIWERI
1st Respondent

CATHOLIC MISSION
2nd Respondent

ATTORNEY GENERAL
iro Single Magistrate
3rd Respondent

For the Applicants: Ms Maere Kirata
For the 1st Respondent: Mr Raweita Beniata
For the 2nd Respondent: Ms Botika Maitinnara
Attorney General to abide decision of the Court

Dates of Hearing: 2 March 2010

JUDGMENT

Application for certiorari to quash the decision in CN 14/05. That decision was given on 24 March 2005: the application is dated nearly four years later on 28 January 2009.

The first point is whether time should be extended within which to make the application. The only evidence in support is in the affidavit of Iaokim Robuti who deposed that in 2005 he was on an outer island. However he is only one of the applicants. None of the others has given an explanation. In the absence of anything to the contrary I assume they were on South Tarawa in 2005. Furthermore it appears from the minutes in 14/05 that the uncle of the applicant, Kaianako Manikaai gave evidence in CN 14/05. It is beyond belief that, through him, other applicants, members of the family, if not Iaokim himself, did not become aware of the case. Other applicants could have, if they wished, have taken proceedings well within time. They did not. Time within which to make application is not extended. The application is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice