Kepae v Dongibir [2010] NRSC 11; Land Appeal 6 of 2009 (22 May 2010)

IN THE SUPREME COURT OF NAURU

Land Appeal No. 6/2009

Between:

DULCIA KEPAE
Appellant

And:

DARNARD DONGIBIR & Ors
1^st Respondent

NAURU LANDS COMMITTEE
2^nd Respondent

RON PHOSPHATE CORPORATION
3^rd Respondent

Mr. Pres Nimes for the Appellant
Ms. Miniva Depaune for 1^st Respondent
Mr. David Aingimea for 2^nd Respondent

Date: 22 May, 2010.

DECISION

These Reasons should be read in conjunction with the Reasons in Land Appeal 3/2009 – Lydiana Adun & Ors Vs Beneficiaries of Eigaga Deduna Estate and Nauru Lands Committee.

The Appellant in her original Notice of Appeal conceded that "the time allowed for an appeal has lapsed". The Notice is undated and no date of gazettal of the Committee decision is given. In view of the Appellant's concession the dates don't matter: the appeal is out of time. However, Mr. Aingimea for the Lands Committee used the "flood gates argument", pointed out that this would open the way for pressure to be put on the members of the Committee to make the concession in old cases whether there really had been gross injustice etc. or not.

An even more cogent reason for not allowing the appeal to proceed is that section 72 of the Civil Proceedings Act gives the responsibility to the Court to make the decision. Any concession by the Lands Committee is irrelevant.

No gross hardship has been shown on the documents, merely alleged.

The Appeal must be dismissed.

Hon. Robin Millhouse QC
CHIEF JUSTICE