Randolh as trustee for Church of God v Faono [2023] KIHC 13; Civil Review 28 of 2019 (22 June 2023)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CIVIL REVIEW 28 OF 2019

BETWEEN
TEWETEWE RANDOLH AS TRUSTEE FOR CHURCH OF GOD
Applicant

AND
AREKE FAONO WITH BROTHERS AND SISTERS
AND ISSUES OF ALITAAKE ALEFAIO
AND PENNY LANGAFAOA
Respondents

Date of Hearing: 22 JUNE 2023
Date of Judgment: 22 JUNE 2023

Appearances: Ms. Taaira Timeon for the Applicant
Ms. Eweata Maata for the Respondents

RULING -EXTENSION OF TIME

This is an application for an extension of time to seek leave to apply for an order of certiorari to quash the decision of Bailan 982/17 on the grounds that the court in Bailan 982/17 proceeded to hear the case in the absence of the applicant, the landowner. The respondent opposed the application since the applicant’s interest in the land is not affected by Bailan 982/17. This Court believes there is a vital issue to be properly considered, which cannot be done unless the court hears evidence from both parties at the hearing of the substantive matter.

In light of the above, the application for an extension of time is granted. The Court will hear parties again on 18 July, at 2 pm, to consider the application for leave for an order of certiorari.

ORDER accordingly.

HON TETIRO SEMILOTA MAATE MOANIBA
Acting Chief Justice