Raiwan v Beiatau [2006] KIHC 7; Civil Appeal 10 of 2005 (12 January 2006)

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

High Court Civil Appeal No. 10 of 2005

Between:

KABWEBWE RAIWAN
Appellant

And:

UNIA BEIATAU
FOR EVELYN PRE SCHOOL
Respondent

For the Appellant: Ms Botika Maitinnara
For the Respondent: Ms Berenike Iuta

Date of Hearing: 12 January 2006

JUDGMENT
(Ex Tempore)

The appeal arises out of a dispute between those concerned with a pre school at Temaiku called Evelyn Pre-School. As a result a second pre-school of the same name was established. The present claim was by the respondent N. Unia on behalf of the second pre-school against the appellant N. Kabwebwe on behalf of the first pre-school for some materials and for money. There was a series of adjournments because one party or another did not turn up for a hearing.

The respondent some time in 2004 instead of asking for another date for the case to be heard began a second case for the same relief and a date was fixed for hearing of this second case. Finally when the appellant did not appear on the date fixed for the hearing of the second case the Single Magistrate heard the claim and gave judgment for the present respondent for $2,500.00. This appeal is from that decision.

I have received a number of affidavits making assertions and counter assertions. It is impossible to decide who is to blame for the confusing mess and series of adjournments. I doubt whether I would be any more able to decide if I wee to hear oral evidence.

The best plan to which both lawyers now agree is to allow the appeal, quash the decision given in favour of the respondent on 11 October 2004 and return the case to the Magistrates’ Court for rehearing. The lawyers for both parties are to be notified of that date and they and their clients given the opportunity to attend and be heard. If either side does not appear on that date then the Single Magistrate should proceed immediately to hear and decide the case: no more adjournments. The following Single Magistrates are disqualified from hearing the case – Tirita, Mantaia, Boutu and N. Teauama.

The appeal is allowed, the decision of the Single Magistrate given on 11 October 2004 quashed and the case returned to the Magistrates’ Court for rehearing in accordance with these reasons.

THE HON ROBIN MILLHOUSE QC
Chief Justice