Development Bank of Kiribati v Saunaine Group [2007] KIHC 17; Civil Appeal 18 of 2006 (8 March 2007)

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

High Court Civil Appeal 18 of 2006

Between:

DEVELOPMENT BANK OF KIRIBATI
Appellant

And:

SAUNAINE GROUP
Respondent

For the Appellant: Ms Batitea Tekanito
For the Respondent: Mr Karotu Tiba

Date of Hearing: 8 March 2007

JUDGMENT
(Ex Tempore)

This is an appeal relating only to interest. In 2005 in HCCA 8/2005 I allowed an earlier appeal and sent the case back to the Magistrates’ Court to calculate interest at 12% and to give judgment accordingly. Either the Single Magistrate misunderstood me or made a mistake in calculation: she believed the amount to which the plaintiff/now appellant was entitled was over $3,000, beyond her jurisdiction. Hence this appeal.

Both counsel agreed that as at 21 June 2000 the amount owing by the respondent was $1,161.93. I adjourned to allow them to calculate interest on that sum at 12%. They have not been able to agree but Ms Tekanito has made it $2,501.93. I accept that figure.

The appeal is allowed: any decision of the Single Magistrate is quashed and in lieu there will be judgment for the appellant for $2,501.93. The appellant to have its costs to be taxed.

THE HON ROBIN MILLHOUSE QC
Chief Justice