Aramwa v Teweti [2011] KIHC 54; Civil Case 118 of 2011 (1 November 2011)

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

HIGH COURT CIVIL CASE 118 OF 2011

BETWEEN:

RONGITE ARAMWA
APPLICANT

AND:

KAOBUNANG TEWETI
RESPONDENT

FOR APPLICANT: BATITEA
FOR RESPONDENT:
Date of Hearing: 1 November 2011

Ex Parte Proceeding
JUDGMENT

This is an application to extend time and to seek the Court's leave to apply for an order of certiorari against the magistrates' decision in Case No 33/69 and 31/05. This application was heard in chambers with only counsel for the applicant present, pursuant to Order 61 rule 2(2) of the High Court (Civil Procedure) Rules 1964.

As a rule, an application for an order of certiorari should be made within 6 months of the date of the proceeding or judgment. Leave should not be granted if the application is beyond this period. Order 61 rule 3 of the above Rules spelled out this requirement.

Having heard counsel for the applicant and having read the applicant's affidavit, I am convinced that I should exercise the Court's power under Order 64 rule 5 of the above Rules to extend time. I further exercise the Court's discretion to grant leave to the applicant to proceed with the application. I base my decision on the following factor;

-that the ground for this application is one of fraud, that the applicant is alleging that the decisions of 33/69 and 31/05 were tainted with fraud.

The Court of Appeal has clearly stated in Tato Kaburoro v Abamakoro Trading Ltd (20 August 2008) Court of Appeal, Civil Appeal 10/2008, that if a decision is obtained by fraud, it becomes a nullity and it must go. The applicant have alleges fraud in these two judgments therefore they should be given a chance to prove it.
Order accordingly.

TETIRO M SEMILOTA
COMMISSIONER