Telecom Services Kiribati Ltd v Tioti [2004] KIHC 3; Civil Case 17 of 2002 (14 January 2004)

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

Civil Case 17 of 2002

Between:

TELECOM SERVICES KIRIBATI LIMITED
Plaintiff

And:

NGAIA TIOTI
Defendant

For the Plaintiff: Representative from TSKL
For the Defendant: Ms Jacqueline Huston

JUDGMENT

On the 8^th of December this action was listed as second stand by for this week, beginning Monday 12 January.

Mr. Tebweao is the lawyer on the record for TSKL. He has not appeared today. The Court understands he has gone to Kiritimati Island. The Court found this out when, failing to contact his house by telephone – it has been cut off, it seems – a messenger went to his house to speak to him personally.

Ms Huston tells me that Mr Tebweao was in her office on 5^th of January in connection with the matter and was aware it could come on this week. Mr Tebweao has made no application for adjournment.

The Acting Chief Registrar telephoned the General Manager of TSKL yesterday and informed him of the position. No doubt that is why the lady from TLKL has come to court this morning.

This is an old action and was last August nearly struck out for want of prosecution. The plaintiff does not deserve more chances.

The action is struck out but the order is stayed on condition that the plaintiff pay into Court by 4 o'clock on the afternoon of Tuesday the 20^th January the sum of $150.00 as costs to the defendant in any case.

If no such payment into court is made the action will stand struck out automatically. If the payment into court is made, then the case will remain as first stand-by for hearing next week, beginning Monday 19 January.

Dated this 14^th day of January 2004.

THE HON ROBIN MILLHOUSE QC
Chief Justice