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Binaataake v Atanikamaraia [1997] KIHC 8; HCLA 171.88 (12 May 1997)

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

HCLA 171/88

BETWEEN:

BINAATAAKE & FAMILY
Appellants

AND:

ATANIKAMARAIA
Respondent

HCLA 172/88

BETWEEN:

TITEERA
EERAM
KAROROATA BAU
Appellants

AND:

ATANIKAMARAIA
Respondent

HCLA 173/88

BETWEEN:

KANOAN N. KABAOA
Appellants

AND:

ATANIKAMARAIA
Respondent

HCLA 181/88

BETWEEN:

TIMAU
MIKAERE
Appellants

AND:

ATANIKAMARAIA
Respondent

Date of Hearing: 12 May 1997 at Makin

FILE MINUTE

1. These 4 cases were included in the Land Appeals List for hearing at Makin today. The files are quite obviously not in a condition for hearing and the cases should not have been set down.
   
2. Even a cursory look at the files would have revealed the following defects:
   

(i) None of the appellants has filed any formal documents at all. There are no applications for leave to appeal, no notices of appeal and no grounds of appeal.

(ii) It can not be told from the files just what decision is sought to be appealed. The only court minute is on the file HCLA 172/88 and this concerns a decision of the Lands Commission in 1953.

3. There are some letters on the files referring to a 1988 case. This may well be the case which the appellants wish to appeal. The Senior Registrar should ensure that the Court Clerk, Makin, makes the proper enquiries and, if necessary, finds the minutes of the 1988 case (or cases) and sends them to the High Court for translation.
   
4. It may turn out that the present appellants are not seeking to appeal at all, but wish to file fresh claims. Again, the Court Clerk will have to make the appropriate enquiries.
   
5. Only three people appeared for the appellants; they were: Mikaere Timau, Titeera and Tetine (for Eeram). Only one person appeared for the respondent; she was Tiriam.
   

I advised all parties to seek legal advice, not only to prepare the proper documentation but to define the issues between them.

6. The cases are adjourned to the next sittings in Makin. However, if there are reasons to warrant it, the parties have leave to apply to transfer the cases to South Tarawa or, alternatively, to apply for a special sittings of the High Court on Makin later this year.
   
7. The Senior Registrar is to note what I have said above and is to instruct the Court Clerk, Makin on what is required for a case to be brought up on appeal to the High Court.
   

THE HON R B LUSSICK
CHIEF JUSTICE
(12/05/97)