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Netari v Teangariki [2007] KICA 10; Land Appeal 02 of 2007 (30 July 2007)

IN THE KIRIBATI COURT OF APPEAL
LAND JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

Land Appeal No 2 of 2007

BETWEEN

EERU NETARI
TAOABA TABUAKI
Appellants

AND

INGKIA TEANGARIKI
Respondents

Before: Hardie Boys JA
Tompkins JA
Paterson JA

Counsel: Mantaia Kaongotao for appellant
Berenike Iuta for respondent

Date of Hearing: 26 July 2007
Date of Judgment: 30 July 2007

JUDGMENT OF THE COURT

[1] The judgment in the High Court was delivered on 17 November 2006. On 2 March 2007 there was filed in the High Court registry a notice of appeal dated 17 January 2007 giving notice of the appellant’s appeal from the decision of the High Court. No application for leave to appeal out of time was filed.

[2] At the commencement of the hearing, the court pointed out to
Mr Kaongotao that the appeal was out of time. An appeal must be filed within six weeks of the date of judgment; Rule 16 (b) of the Court of Appeal Rules. In this case, the time expired on 22 December 2006. The notice of appeal, therefore, was ten weeks out of time. Mr Kaongotao made an oral application for leave to bring the appeal out of time.

[3] No evidence was given for the reason for the delay. Mr Kaongotao said that he thought he had three months to give the notice of appeal. Even if that were correct, he would still have been out of time. In the absence of any good reason for the failure to give the notice within the specified time, the court decided that the application to bring the appeal out of time should be declined. The appeal was accordingly dismissed.

[4] Counsel need to appreciate that time limits, such as the time for filing a notice of appeal, must be complied with. If it is not, and an application for leave to appeal out of time is filed, it must be accompanied with evidence by affidavit giving convincing reasons why leave should be granted. If that is not done, the application for leave to appeal is likely to be dismissed.

Hardie Boys JA
Tompkins JA
Paterson JA