Kiakia v Mareko [2002] KIHC 37; Civil Appeal 22 of 2001 (13 September 2002)

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

High Court Civil Appeal 22 of 2001

Between:

TEKINAITI KIAKIA
Appellant

And:

TARAI MAREKO
Respondent

For the Appellant: Mr Aomoro Amten
No Appearance of Respondent

Date of Hearing: 13 September 2002

ORDER
(Ex Tempore)

No appearance by respondent. Mr Amten asks that the appeal be allowed, the judgment the magistrates quashed and the case be sent back for a fresh hearing. He relies on his client's affidavit in which she says she did not understand that she was admitting the claim and did not intend to do so. Appeal allowed: judgment quashed: case remitted to the North Tarawa Magistrates' Court for rehearing so that the appellant may have the opportunity to defend the claim.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE