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Kepae v Nauru Lands Committee [2010] NRSC 9; Land Appeal 1 of 2008 (22 May 2010)

IN THE SUPREME COURT OF NAURU

Land Appeal 1/2008

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. Rueben Kun for appellant
Mr. David Aingimea for respondent
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 & Ors V Nauru Lands Committee.

Mr. Aingimea for the Nauru Lands Committee has taken the preliminary point that the Appeal is out of time and should be dismissed.

The decision of the Committee was published in the Government Gazette on the 23rd of January, 2008. The Notice of Appeal is dated 5/3/08. More than 21 days after publication of the decision.

In accordance with section 7(1) of the Nauru Land Committee Ordinance the Appeal was lodged out of time and must be dismissed.

Mr. Kun who unfortunately is Off Island for medical treatment is the representative of the Appellants. The Court was not able to hear him. Out of deference to Mr. Kun liberty is given to the Appellants to apply within the next three months. In the meantime the Interlocutory Injunction Order dated 09 June, 2008 remains in force. Otherwise the Appeal stands dismissed and the Injunction Order is quashed.

Hon. Robin Millhouse QC
CHIEF JUSTICE