Central Pacific Producers Ltd v Bakatokia [2008] KIHC 34; Civil Case 41 of 2008 (25 August 2008)

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

HIGH COURT CIVIL CASE 41OF 2008

BETWEEN:

CENTRAL PACIFIC PRODUCERS LIMITED
PLAINTIFF

AND:

NEI BAROIA BAKATOKIA
DEFENDANT

TOIA BETERO
3RD PARTY

FOR THE APPLICANT: MS BOTIKA MAITINNARA
FOR THE DEFENDANT: MR RAWEITA BENIATA

DATE OF HEARING: 25 AUGUST 2008

JUDGMENT
(EX-TEMPORE)

The plaintiff is a company trading in fish. It has a branch on Maiana. The defendant was for some ten years the manager of the Maiana branch. In 2007 when auditors from Tarawa went over, they found a shortfall of over $5000.00. They spoke to the defendant. She acknowledged the shortfall but put the responsibility for it on Toia Betero, the mechanic in the employ of the plaintiff. In the defendant’s absence Toia received moneys: he had on three occasions accounted to the defendant for moneys but finally in spite of promises failed to do so a fourth time. That is the evidence of the defendant and her husband. Toia has been joined as a third party. Through his counsel Ms Taoaba, he has denied this.

As between plaintiff and defendant liability is clear both in law and in fact. In law because the defendant being the manager was answerable to the plaintiff for all moneys – it was part of the job of being manager. In fact because of her admissions to Mr Kabubuke the auditor, the witness for the plaintiff and her own admission in evidence.
The precise amount of the shortfall this has not been proved but it was at least $5000.00.

There will be judgment for the plaintiff against the defendant for $5000.00.

Ms Taoaba has not been able to find her client and has asked for an adjournment. She has reminded me that the case is a standby for next week as well as this. Ms Taoaba knows that the hearing will probably proceed next week whether or not her client is here.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE