Teimakin v Village Wardens [2002] KIHC 28; Civil Appeal 06 of 1993 (7 June 2002)

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

High Court Civil Appeal 6 of 1993

Between:

UNIKAI TEIMAKIN
Appellant

And:

VILLAGE WARDENS, SPECIAL
CONSTABLES, POLICE CONSTABLE
REP BY KANTA TEKAIE
Respondents

For the Appellant: Ms Emma Hibling
For the Respondents: Mr Tion Nabau

Date of Hearing: 7 June 2002

JUDGMENT
(Ex Tempore)

This appeal arises out of the death of a pig in police custody in 1992. Liability is not now in issue. The Magistrates assessed damages at $40.00. The appellant, the owner of the pig, was not satisfied that this was enough.

I am most unwilling to interfere. It is a long time ago. No error of law by the magistrates has been shewn: it was for them to fix damages. However the amount of $40 has never been paid. It should have been. The appellant is entitled to interest on it. I fix a lump sum of $60.00 as interest. That means the Respondents must pay the Appellant $100 in all. The appeal is allowed to that extent. $100 is to be paid forthwith to the appellant.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE