Tiito v Takabiri [2007] KIHC 20; Civil Case 51 of 2006 (8 January 2007)

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

High Court Civil Case 51 of 2006

Between:

EUROBWA TIITO
Plaintiff

And:

TEKANIUEA TAKABIRI
Respondent

For the Plaintiff: Ms Joelle Grover
For the Respondent: Mr Karotu Tiba

Date of Hearing: 8 January 2007

JUDGMENT
(Ex Tempore)

After discussion, Mr Tiba concedes that his client entered into a contract to buy a bus for $20,000: he had the opportunity to inspect it before buying. After taking possession he claims to have found various defects. So he has refused to pay $5,000 the balance of the agreed purchase price. The plaintiff on the other hand will say that the bus was in good condition. The general rule is "caveat emptor" – "let the buyer beware".

The plaintiff had the opportunity to inspect before buying: he entered into a contract to buy for $20,000. He took possession of the bus. He is bound by his contract.

There will be judgment for the plaintiff for $5,000 with interest of $200 – a total of $5,200: no order for costs.

THE HON ROBIN MILLHOUSE QC
Chief Justice