Reiher v Tarataake [2003] KIHC 15; Civil Appeal 02 of 2002 (13 January 2003)

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

High Court Civil Appeal 2 of 2002

Between:

HENRY REIHER
Appellant

And:

TEBORAU TARATAAKE
Respondent

For the Appellant: Ms Emma Hibling
No Appearance of Respondent

Date of Hearing: 13 January 2003

JUDGMENT
(Ex Tempore)

This extensive litigation arises out of a mishap in 1987 when some bales of copra fell into the water as they were being loaded to go to Tarawa. The copra was recovered.

I do not set out the history of the litigation. It is sufficient to say that this is an appeal from a decision of the Magistrates that the appellant pay to the respondent $241.15. The respondent has not appeared even though given notice of the hearing: the litigation has been long and involved going back 15 years: the amount in dispute is small: the matter should be brought to an end.

Ms Hibling on behalf of her client asks that the order of the magistrates be quashed. Appeal allowed and order made by the magistrates on 11 October 2001 quashed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE