Tebuto v Korere [2005] KIHC 128; 52-05 (24 August 2005)

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

High Court Civil Case No. 52 of 2005

Between:

KARIANAKO TEBUTO
Plaintiff

And:

BETERO KORERE
Defendant

For the Plaintiff: Mr Glenn Boswell
For the Defendant: Mr Katarake Tebweao

Date of Hearing: 23 August 2005

REASONS

Having heard the evidence of the plaintiff Karianako Tebuto I am satisfied that the defendant is resisting giving up possession of the bus as directed by my Order of 22 June 2005.

Last Monday Karianako and Mr Tebweao went to Betero’s house so that Karianako could take possession but the defendant said there was no key. Betero made it clear to Karianako that he would not surrender the bus to him. Karianako was afraid to persist and left.

I now propose to put the responsibility on Betero to deliver the bus to Karianako’s house at Buota. Mr Tebweao says his client knows where Karianako lives.

I make it clear that unless Betero obeys the Order which I am about to make he will be in contempt of court and liable to go to gaol.

ORDER

That Nissan Van registration TUC 6717 be delivered to the house of the plaintiff Karianako Tebuto at Buota by 4 o’clock tomorrow 25 August.

Dated the 24th day of August 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice