Tio v Beengo [2004] KIHC 244; Civil Case 36 of 2002 (27 October 2004)

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

High Court Civil Case 36 of 2002

Between:

IOTEBA TIO
Plaintiff

And:

KAITARAWA BEENGO
KARAKAUA ITINATA
PC BURANGKE MEREKE
SPC TUI SMITH
PC TIAONTIN TAMAITI
COMMISSIONER OF POLICE
Defendants

For the Plaintiff: Mr Aomoro Amten

Date of Hearing: 27 October 2004

JUDGMENT

This is an assessment of the plaintiff’s damages following his success in obtaining judgment against the first and the second defendants.

Tio has given evidence of his loss by estimating the value at the time of destruction of three items –

Boat $8,000

Engine $3,500

Fishing Gear $1,000

Given the cost to him as new and that he had had a little over two years use out of the items his estimates of value appear reasonable.

I am not able to take into account that Tio had with DBK a loan of $1,000 for the fishing gear. This loan – because Tio has not worked since he lost the equipment – is still outstanding and interest has mounted up: the total Tio owes to the DBK now stands at $4,518.98.

I assess damages at $12,500.00. I allow interest in the sum of $1,400 being at 5%, for two years and two months, the writ having been issued in August 2002.

There will be judgment for the plaintiff against Kaitarawa Beengo and Karakaua Itinata for $14,200.00 with costs.

Dated the day of October 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice