Abeton v Abaiang Island Council [2008] KIHC 46; Civil Case 42 of 2008 (8 September 2008)

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

High Court Civil Case 42 of 2008

Between:

N. Tanana Abeton
N. Tiebane Iotebwa
Plaintiffs

And:

Abaiang Island Council
Baikia Kakoroa
Defendants

For the Plaintiffs: Ms Botika Maitinnara
For the Defendants: Mr Birimaka Tekanene

Date of Hearing: 8 September 2008

ADDENDUM

Having, last Wednesday, 10 September, published reasons on liability I invited counsel to make further submissions.

Yesterday, 11 September, I called the case on again. Ms Maitinnara is content for me to go ahead to assess damages on the evidence as it stands. She handed up a table "New Compensation Rates ..... decided by Cabinet on 6 August 1992". This table sets out the rates which the Government pays as compensation for trees taken. Ms Maitinnara invited me to follow it.

Mr Tekanene maintained that the Abaiang Island Council has its own (much lower) rates. He could not produce any table but relied on only one passage of evidence in which Tiboita Tokoriri, the Chief Councillor, said the rate for coconut trees is $10.

I propose to assess damages following the Government table. There is no evidence whether the various trees were fruit bearing, non bearing with trunk, non bearing without trunk. I propose to use the highest figure but to discount.

80 coconut trees @ $50 per tree	$4,000
120 babaia trees @ $12 per tree	$1,440
20 breadfruit trees @ $120 per tree	$2,400
	$7,840

That is as far as the table takes me. In the absence of any evidence I can make only an estimate of losses for six banana pits with pumpkins, 15 non trees and the mao. I shall allow $5,000.

That makes a total of $12,840.

I discount that figure by $3,840 and allow $9,000 in all.

Because this is so rough and ready and because I may have made a mistake in calculation I shall hear counsel again before I make an order.

Dated the day of September 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice