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Akua v Dongibir [2010] NRSC 8; Land Appeal 10 of 2008 (21 May 2010)

IN THE SUPREME COURT OF NAURU


Land Appeal 10/08


Between:


(1) EIDERAROG AKUA (nee GOURABI) & Ors
(2) HANSOME SAMUEL ADUMAR & Ors
Appellants


And:


(1) GAIYOGEANG DONGIBR & Ors
(2) DETSIMOU DONGIBIR & Ors
1st Respondent


(3) NAURU LANDS COMMITTEE
2nd Respondent


Mr. Knox Tulenoa for the Appellants
Mr. David Aingimea for the 2nd Respondent


Date: 21 May, 2010.


DECISION


These Reasons should be read in conjunction with the Reasons in Land Appeal 3/2009 – Lydiana Adun & Others v Nauru Lands Committee.


As in several other appeals Mr. Aingimea has taken the preliminary point that the Appeal is out of time. The decision of the Lands Committee was gazetted on 3rd December, 2008. The Notice of Appeal is dated 15th March, 2009 well after the 21 days allowed by section 7(1) of the Nauru Lands Committee Ordinance.


The Appeal must be dismissed.


Hon. Robin Millhouse QC
CHIEF JUSTICE


[The note I have on the file is that Mr. Tulenoa representing Handsome Adumar and Another will bring a separate appeal. If he does then Practice Direction No. 1 of 2006 is to be strictly followed.]


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