Rineaki v Rineaki [2017] KIHC 39; Miscellaneous Application 36 of 2016 (6 November 2017)

IN THE HIGH COURT OF KIRIBATI

MISCELLANEOUS APPLICATION NO. 36 OF 2016
(ARISING OUT OF CIVIL CASE NO.106 OF 2014)

[TEETI RINEAKI MTMM Applicants
[
BETWEEN [AND
[
[TEREITA RINEAKI MM 1^ST Respondents
[RINEIETA TEBEIA 2^ND Respondent
[TEBAU ROBUTI 3^RD Respondent

Before: The Hon Chief Justice Sir John Muria

6 November 2017

Ms Batitea Tekanito for the Applicants
Ms Taoing Taoaba for the Respondents

RULING

Muria, CJ: This is an application for extension of time to apply for leave to issue certiorari proceedings. The applicants bring the application on the ground that the decision of the Magistrates’ Court was made in breach of the rule of natural justice.

The decision of the Magistrates’ Court complained of by the applicants was made on 31 August 1999. The respondents opposed the application.

The general rule as correctly pointed out by Ms Tekanito of Counsel for the applicants is that the application to issue certiorari proceedings must be made within six months of the decision under challenge. See O.61 r2, High Court (Civil Procedure) Rules 1964. The application in this case was brought well outside of the time limit provided under the rule. Special leave to extend time is therefore required. This is what the applicants now seek.

In an application for extension of time to appeal, the general rule is that a
would-be appellant should pay the respondent’s costs of the application on the usually-understood basis that those to whom an indulgence is granted should pay the costs. See Kaotan & Others –v- Junior Kum Kee & Others [2012] KICA 5. I feel the same principle applies to an application for extension of time to seek leave to issue judicial review proceedings.

Despite the strong argument by Ms Taoaba of Counsel for the respondents opposing the application, I feel that there are issues to be determined in this case which the Magistrates’ Court rightly declined to deal with in the BetLan 1060/14 (a case which sought to challenge the CN 373/1999), including question of the breach of the rule of natural justice which the applicants are now relying upon.

This Court has the power to deal with those issues at the leave application itself at which time full arguments will be made to address and determine such issues. As such, I do not feel any prejudice will be of any great magnitude on the respondents if extension of time is granted.

I exercise the Court’s discretion, and grant extension of time to the applicants to bring their application for leave to issue certiorari proceedings in this case.

Application is granted to applicants extending time within which to issue certiorari proceedings.

The costs of the application to be paid by applicants to the respondents in the amount of $150.00.

Dated the 6^th day of November 2017

SIR JOHN MURIA
Chief Justice