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Kaibati v Utire [1996] KIHC 123; Land Appeal 64 of 1991 (7 February 1996)

IN THE HIGH COURT OF KIRIBATI
(BEFORE B SUTTILL C.)

HCLA 64/91

BETWEEN:

T UATU KAIBATI
Appellant

AND:

T TOAURU UTIRE
T TERIAKAI TOUTI
Respondents

JUDGMENT

This case was adjourned from 6 December 1995 at which time the respondent was present. Persistent attempts to locate the appellant have failed.

This is an application dated 24 April 1991 seeking leave to appeal a decision of the Magistrates dated 15 May 1995. There is nothing in the affidavit in support of the application which would justify extending time by some 16 years. In addition the applicant cannot be located.

The application for leave to appeal out of time is refused.

B SUTTILL
Commissioner
(7/2/96)

Tekaie Tenanora
Magistrate
(7/2/96)

Betero Kaitangare
Magistrate
(7/2/96)