Betio Hardware v Burentarawa [2007] KIHC 8; Civil Appeal 13 of 2005 (19 February 2007)

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

High Court Civil Appeal 13 of 2005

Between:

BETIO HARDWARE
Appellant

And:

TABWENA BURENTARAWA
Respondent

For the Appellant: Mr Banuera Berina
For the Respondent: Ms Joelle Grover

Date of Hearing: 19 February 2007

JUDGMENT

On 5 June 2003 the respondent left her motorbike to go into the hot bread shop by Betio Hardware. It seems as though she parked it a few metres behind a big truck large enough to carry containers. When she came out of the shop she found the truck had run over her bike.

She had bought the bike in July 2002 from Yamaha for $1,950. One quote for repairs was $2,241.00. If that quote is a reasonable one the bike is not worth repairing: the plaintiff would be entitled only to the value of the bike at the time it was damaged.

In December 2003 the claim for damages came on for hearing before a Single Magistrate and was part heard. There was some misunderstanding as to the date on which it was to resume. At the resumption the appellant/then defendant did not appear. The single Magistrate forthwith entered judgment for the full amount claimed.

That judgment cannot stand: the defendant had not had the opportunity to call witnesses either on liability or on the assessment of damage.

It is unfortunate that after so long a delay there must be a rehearing but there is no alternative to that.

The appeal is allowed, the decision of the Single Magistrate is quashed and the case returned to the Magistrates’ Court for rehearing.

THE HON ROBIN MILLHOUSE QC
Chief Justice