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Meere v KPC Tabontebike [2003] KIHC 58; Land Appeal 29 of 1998 (13 May 2003)

IN THE HIGH COURT OF KIRIBATI
LAND JURISDICTION
HELD AT ABAIANG
REPUBLIC OF KIRIBATI

High Court Land Appeal 29 of 1998

Between:

MEERE & BROTHERS & SISTERS
Appellants

And:

KPC TABONTEBIKE
REP BY MIITI
Respondent

Meere in person in the absence of Banuera Berina
Mr Aomoro Amten For the Respondent

Date of Hearing: 13 May 2003

JUDGMENT
(Ex Tempore)

The appellant, because Mr Berina has all the papers, wants the appeal heard on Tarawa. The respondent is anxious that it be heard here. In this unfortunate situation we think the fairest course is to strike out the appeal but to give leave to the appellant to apply to the court on Tarawa. The court would be sympathetic to the application but only on terms which would not leave the respondent out of pocket because of a hearing on Tarawa.

The appeal is struck out but with leave to the appellant to apply within three months to the court on Tarawa.

A copy of these reasons is to be given to Mr Berina.

THE HON ROBIN MILLHOUSE QC
Chief Justice

TEKAIE TENANORA
Magistrate

BETERO KAITANGARE
Magistrate