Tabuanaba v Teitoi - Judgment [2007] KIHC 81; Civil Case 19 of 2007 (23 April 2007)

In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

High Court Civil Case 19 of 2007

Between:

Tokiua Tabuanaba
Plaintiff

And:

Tetu Teitoi
Teribwebwe Teitoi
Defendants

For the Plaintiff: Ms Joelle Grover
For the Defendants: Mr Stephen Earl

Date of Hearing: 23 April 2007

JUDGMENT

Some time about 2000 the plaintiff agreed to buy a piece of land from the defendants for $8,000. It was an oral arrangement between them. Payment was to be made by instalments and registration of the transfer was to await completion of payment.

The plaintiff was the only one to give evidence. He said the defendants or members of their family came to him from time to time to ask for a payment on account. He would make the payment, enter a record of it in a book and the recipient would sign an acknowledgment. In this way, in dribs and drabs, over five or six years, the plaintiff claims to have paid the full $8,000. He was waiting for registration when the defendants became annoyed with him, said they were not going on with the sale. They have since sold the land to someone else. They have repaid to the plaintiff only $4,000.

In the last two years or so before completion of payment but in expectation that the land would be his, the plaintiff did some work leveling for a future building. He claims damages for the work he did, a claim which is in the nature of a claim for unjust enrichment.

In the absence of any evidence in contradiction of the plaintiff’s and having seen and heard him, I accept on the balance of probabilities that he did make full payment of $8,000. It is most unfortunate that on the way to instruct his solicitor he lost the book recording the payments, apparently left it on the bus. Even without seeing the book I accept his evidence.

As to the claims for the work he did on the land I have nothing to help in assessing except his scanty description of what he did. I allow $500.

The plaintiff should have judgment for $4,500. He claims interest. As there is no evidence as to the date of the defendants’ repudiation of the contract I cannot fix interest to run before the writ was issued on 30 January this year. I shall allow interest at 5% to date and invite counsel to agree on the calculation before I enter judgment.

Dated the day of April 2007

THE HON ROBIN MILLHOUSE QC
Chief Justice