Mauerere v Tebwebwe [2023] KIHC 65; Miscellaneous Application 83 of 2016 (13 October 2023)

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

Miscellaneous Application 83 of 2016 Arising out of High Court Land Appeal No. 16 of 2012

BETWEEN	NAIAIRA MAUERERE Applicant
AND	TAKENATERAOI TEBWEBWE Respondent

Appearances:	Ms Botika Maitinnara, for the Applicant Ms Taoing Taoaba, for the Respondent
Judgment:	13 October 2023

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JUDGMENT
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1. This is an application brought by the Applicant pursuant to section 75(3) of the Magistrates Court Ordinance seeking leave of this court to appeal out of time against the decision of the court below in CN 289/2009.
2. The affidavit of the Applicant shows that the main reason for the delay in filing the appeal was due to the delay in getting the full minutes and judgment for 289/09 from the court having tried on several occasions to seek the assistance of the lower court. The Applicant even wrote to the Chief Registrar about his concerns with the minutes.
3. On the other hand, Ms Taoaba for the Respondent opposed the application submitting that it is basically to prolong the process given that the judgment of the court below favored the Respondent.
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, 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 their appeal.

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 appeal;
3. No order on cost.
   

MR ABUERA URUAABA,
COMMISSIONER OF THE HIGH COURT