Uouo v Teiwaki [1999] KIHC 8; HCLA 02.98 (5 February 1999)

IN THE HIGH COURT OF KIRIBATI
(BEFORE THE HON R LUSSICK C.J.)

HCLA 2/98

BETWEEN:

KAIEIE UOUO WITH
BROTHERS AND SISTERS
Appellants

AND:

TATOA TEIWAKI
Respondent

Kaieie in person
Mr B Berina for Respondent

Date of Hearing: 5 February 1999

JUDGMENT

We dismissed this appeal earlier today and we now give our reasons.

On 24 July 1997 the respondent obtained judgment against the appellant in the magistrates' court in case No. A318/97. On 30 December 1997 the appellant applied to the magistrates' court for a stay of proceedings so that an application could be made to the High Court for leave to appeal out of time. The Single Magistrate who heard the application granted the stay but ordered the appellant to pay the respondent's costs of the application allowed at $55.00.

That decision to award costs against the appellant is now appealed on the following ground, which is quoted verbatim:

"Upon the grounds that the Magistrates erred in Law and facts in awarding $50.00 winning costs to Respondent when Appellant sought adjournment showing that the subject matter of the case is on Appeal and Pending hearing".

In a separate judgment today in HCLA 110/97, we dismissed the appellants' appeal against the decision in case No. A318/97.

When the appellant brought the application for a stay of proceedings he was well out of time. The respondent was entitled to attend the hearing and oppose the application. Needless to say, had the appellant been more diligent in bringing the appeal, such an application would not have been necessary. In our view, the respondent was entitled to his costs of the application. The order made by the Single Magistrate was a proper exercise of his discretion and he made no error in law or in fact.

The appeal will therefore be dismissed. The appellant is ordered to pay the respondent's costs of $55.00 on or before 5 March 1999.

The appellant is advised that he has a right to appeal to the Court of Appeal within 6 weeks.

THE HON R B LUSSICK
Chief Justice
(05/02/99)

TEKAIE TENANORA
Magistrate
(05/02/99)

BETERO KAITANGARE
Magistrate
(05/02/99)