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Kepae v Nauru Lands Committee [2010] NRSC 10; Land Appeal 1 of 2010 (22 May 2010)

IN THE SUPREME COURT OF NAURU

Land Appeal 1/2010

Between:

(1) PATRICIA KEPAE & ORS
(2) NOAH NENEIYA & ORS
(3) NYOKA BILL & ORS
Appellants

And:

(1) NAURU LANDS COMMITTEE
(2) LUCIA DABWADOUW & ORS
(3) BOBBY EOE & ORS
Respondents

Mr. Knox Tulenoa for the Appellants
Mr. Rueben Kun for the Respondents
Mr. David Aingimea for the Nauru Lands Committee

Date: 22 May, 2010

DECISION

These Reasons should be read in conjunction with the Reasons in Land Appeal 3/09 - Lydiana Adun & others v Nauru Lands Committee.

Appeal from a Decision of the Nauru Lands Committee. The Notice of Appeal in the file shows gazettal on "2nd of December 200". I take this to be the second of December 2009. The Notice of Appeal is dated the 6th of January 2010: more than 21 days later.

Mr. Aingimea from the Bar Table gave the dates as gazettal on the 23^rd of January 2008, and Notice of Appeal 5/03/08. Something is wrong here but on either set of dates the Appeal is out of time and must be dismissed.

The file shows Mr. Kun is representing several of the Respondents. He is unfortunately Off island for medical treatment. Out of deference to Mr. Kun liberty is given to his clients, if they so wish, to apply within the next three months.

In the meantime, the Inter-locutory Injunction Order made on 09 June, 2008 is to remain in force. If no application be made, the Appeal stands dismissed and the Injunction Order is quashed.

Hon. Robin Millhouse QC
CHIEF JUSTICE