IN THE HIGH COURT OF KIRIBATI
HELD IN ABEMAMA
(BEFORE THE HON R LUSSICK C.J.)

HCLA 18/96

BETWEEN:

KABATIA IRAUEA
for KPC Kabangaki
Appellant

AND:

BAURO TOKATAAKE
KUM ON URIAM
Respondents

Mr T Teiwaki for the Appellant
Mr B Berina for the Respondent

Date of Hearing: 9 June 1997

JUDGMENT

This is an appeal against the decision of the magistrates' court in case No. 34/94. In that case the magistrates refused to consider a certain application by the KPC because the issue had already been decided in favour of the respondent Kum On in case No. 34/92 delivered on 26 June 1992, and that decision had never been appealed.

Whether this appeal is able to proceed therefore depends on the success of an application by the KPC and Bauro Tokataake in HCLA 65 of 1994 for leave to appeal out of time against the decision in case No. 109/69 in which the respondent Kum On acquired his title to the land in issue.

Counsel for the appellant concedes that if that application is not successful then this appeal should be dismissed.

We have now delivered a judgment in HCLA 65 of 1994 in which the application for leave to appeal out of time was refused.

This appeal is dismissed accordingly.

THE HON R B LUSSICK
Chief Justice
(23/06/97)

TEKAIE TENANORA
Magistrate
(23/06/97)

BETERO KAITANGARE
Magistrate
(23/06/97)