Attorney General iro Director of Lands v Teanako [2023] KIHC 63; Civil Review 24 of 2020 (13 October 2023)

IN THE HIGH COURT OF KIRIBATI TE KABOWI AE RIETATA I KIRIBATI

High Court Civil Review 24 of 2020

BETWEEN	ATTORNEY GENERAL IRO DIRECTOR OF LANDS Applicant
AND	TIOTI TEBUTO IBUKIN KN NEI BUREBO TEANAKO AND OTHERS Respondents

Appearances:	Mr Nenebwati Tawita Tainimaki, for the Applicant Ms Kiata Kabure, for the Respondents
Judgment:	13 October 2023

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JUDGMENT
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1. This is an application for leave for an extension of time filed pursuant to Order 64 rule 5 of the High Court Civil Procedure Rules. The substantive application is for a prerogative writ of certiorari to quash the registration of the Respondents in case 476/19.
2. Mr Tainimaki, submitted that the Applicant is an interested party as supported by the affidavits of Reei Tioti and Ruita Teiabauri adducing that for registrations on plots not recorded by the Commission in 1947 to 1948, the lands’ department should be invited. They were not invited until they received a subpoena for the enforcement of the registrations in Betlan 476/19.
3. Ms Kabure, for the Respondents rejected the application for leave for an extension of time saying that the delay is unprecedented and an abuse of the court’s process by the government that should be vigilant in defending its interest.
4. The granting of leave to extend time for the Applicant to proceed with its application is discretionary. After considering both parties’ submissions both written and oral as well as supporting affidavits, however strong the Respondents submission rejecting this application is, it is in the light of justice that I exercise my discretion to allow the application for leave to extend time for the Applicant to argue its certiorari application.
   

Orders of the court:

1. Application for leave to extend time is granted;
2. The case will be listed in November for the hearing of the certiorari application;
3. No order on cost.
   

MR ABUERA URUAABA,
COMMISSIONER OF THE HIGH COURT