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Kabua v Kabua et al [1994] MHSC 4; 2 MILR 18 (12 August 1994)

2 MILR 18

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 93-03
(High Ct. Civil Nos. 1984-098 and 1984-102 consolidated)

KABUA KABUA,
Plaintiff-Appellant,

-v-

IMADA KABUA, AMATA KABUA, KITLAN KABUA, ANJOJO KABUA, MICHAEL KABUA, JIKUL (SEAGULL) KABUA, THE PEOPLE OF BIKINI, KWAJALEIN ATOLL CORPORATION, THE REPUBLIC OF THE MARSHALL ISLANDS, JOHN DOES 1-50, and DOE CORPORATIONS, ASSOCIATIONS, AND PRIVATE AND GOVERNMENTAL ENTITLES 1-50,
Defendants-Appellees.

ORDER DISMISSING APPEAL

AUGUST 12, 1994

ASHFORD, C.J.

It appearing from correspondence addressed to this Court by Plaintiff-Appellant's counsel, including a copy of the Motion of Plaintiff's Counsel For Hearing to Ascertain his Position ... With Respect to Prosecution of Litigation, that there is doubt as to both Plaintiff-Appellant's intention to continue this appeal and the authority of his counsel to continue to represent him, it is Ordered:

1. This appeal is dismissed and the case is remanded to the High Court for determination of the authority of Plaintiff's counsel to continue to represent him and such other determinations as the High Court shall deem appropriate.

2. This order is without prejudice to Plaintiff's right to renew his appeal from the Judgment of the High Court dated December 28, 1993 and filed January 3, 1994, following the entry of a further order or Judgment of the High Court, at an appropriate time by appropriate procedure.