Development Bank of Kiribati v Rabwena [2004] KIHC 278; Land Appeal 73 of 2004 (23 December 2004)

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

High Court Land Appeal 73 of 2004

Between:

DEVELOPMENT BANK OF KIRIBATI
REP BY TABERA TENIEU
Appellant

And:

KANOAN RABWENA
REP BY KATARAKE TEBWEAO
Respondent

For the Appellant: Mr Batitea Tekanito
For the Respondent: Mr Katarake Tebweao

Date of Hearing: 23 December 2004

JUDGMENT
(Ex Tempore)

After hearing argument from Ms Tekanito and Mr Tebweao and viewing some documents, we have come to the conclusion that these proceedings are misconceived. First of all the appellant must establish the precise amount owed to it by the respondent. That should be done in a civil court. Once the amount of the debt is established, then the Bank may take action to recover it pursuant to the various loan agreements. All that cannot be done conveniently, if at all, in these proceedings.

The Single Magistrate was correct in his decision to dismiss the claim.

Appeal dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice

ERITE AWIRA
Magistrate

RARATU IEITA
Magistrate