Eita Village Bank v Teawaki [2004] KIHC 272; Civil Appeal 06 of 2000 (9 December 2004)

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

High Court Civil Appeal 6 of 2000

Between:

EITA VILLAGE BANK
(REP BY TAABUA IEREMIA)
Appellant

And:

TINEBO TEAWAKI
Respondent

For the Appellant: Ms Jennifer Troup
For the Respondent: Mr Aomoro Amten

Date of Hearing: 9 December 2004

JUDGMENT
(Ex Tempore)

The events in this case are clouded by time. The first proceedings were in 1999 and from them this appeal comes: there were further proceedings in early 2000. It is difficult to follow the minutes. It seems other court minutes are missing. Part of the responsibility for delay rests with the Court after the appeal was instituted in March 2000. However that may be, it is now impossible to untangle the web, for example to know who, if anyone, was not notified to come to court and on what days. To add to the confusion the affidavit from the respondent which Mr Amten tendered this morning talks of events which are not even hinted at in the minutes.

There seem to have been later proceedings, CN 32/00 in which, according to the minute, the appellants renewed the claim but it was dismissed. There has been no appeal from that case. It is best left on one side.

In the circumstances the best course seems to be to send the case back for rehearing. Mr Amten for the respondent opposed doing this but only faintly.

The appeal is allowed, the decision of the Single Magistrate in the action, numbered both 362/99 and 400/99, given on 21 December 1999 is quashed and the case returned to the Magistrates’ Court for rehearing.

THE HON ROBIN MILLHOUSE QC
Chief Justice