Central Pacific Producers Ltd v Bakatokia [2008] KIHC 37; Civil Case 41 of 2008 (1 September 2008)

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

High Court Civil Case 41 of 2006

Between:

Central Pacific Producers Ltd
Plaintiff

And:

Nei Baroia Bakatokia
Defendant

Toia Betero
Third Party

For the Plaintiff: Ms Botika Maitinnara
For the Defendant: Mr Raweita Beniata
For the Third Party: Ms Taoing Taoaba

Date of Hearing: 1 September 2008

JUDGMENT
(Ex Tempore)

The plaintiff already has a judgment against the defendant for $5,000. In the present proceeding the defendant is claiming indemnity from the Third Party, the person who received the $5,000 and has never accounted for it to the defendant. The defendant had the responsibility to account for the $5,000 to the plaintiff. I allowed Ms Taoaba an adjournment to try to find the Third Party, her client but she has not been able to do so. This means the evidence of the defendant is unchallenged. I have no reason not to accept it. The Third Party is liable to indemnify the defendant.

That being so there will be judgment for the defendant against the Third Party in the sum of $5,000.

This judgment does not relieve the defendant of her obligation to satisfy the judgment debt: merely gives the defendant the right to payment to her by the Third Party of $5,000: she may recover this in the same way as any other judgment debt.

THE HON ROBIN MILLHOUSE QC
Chief Justice