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Kokoria v Tentoa [2008] KIHC 5; Civil Case 121 of 2007 (24 January 2008)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Civil Case 121 of 2007

Between:

Tekire Kokoria
Applicants

And:

Kanoan Tewareka Tentoa
1st Respondent

Bakoa Ieremia
2nd Respondent

For the Applicants: Mr Mantaia Kaongotao
For the 1st Respondent: Mr Banuera Berina
For the 2nd Respondent: Ms Jane Fiske

Date of Hearing: 24 January 2008

ORDER
(Ex Tempore)

This application for certiorari concerns a decision in CN 371/86. That decision has already been before the High Court in the land jurisdiction (HCLA 108/2006). We decided that the Single Magistrate had been correct in not overturning the decision. As
Mr Berina has pointed out this application is a second attempt to overturn it. Mr Kaongotao defended the attempt by arguing that many issues which should have been raised before the Single Magistrate were not raised as his clients were unrepresented. They could have been argued on appeal. It is now too late to raise them. This Court has said before that litigation is not to be allowed to go on and on: there must be finality. The applicants have tried: they failed: they should accept that that is final.

That ground alone would be sufficient to refuse the application. There is another. The decision in CN 371/86 has stood now for over 20 years. That is a very long time. The longer the time before there is a challenge to a decision the less sympathetic to the challenge the Court will be. The principle of certainty of title requires that successful litigants and the community generally may rely on a decision of a court once the time for appeal has passed or a final appeal has been disposed of. After over 20 years the respondents are entitled to rely on principle of certainty.

The application is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice