Hopi v Loo [2008] KIHC 49; Civil Case 8 of 2001 (21 October 2008)

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

High Court Civil Case 8 of 2001

Between:

Asiasinga Hopi
Plaintiff

And:

Lomwi Loo
Defendant

For the Plaintiff: Sr Bernadette Eberi
For the Defendant: Ms Kiata Kabure

Date of Hearing: 21 October 2008

JUDGMENT
(Ex Tempore)

On 14 March 2001 the plaintiff issued a writ against the defendant claiming $4,000.00. The defendant in paras 3 and 4 of his affidavit sworn 3 September 2008 admits being served with a copy of the writ and thereafter approaching "the plaintiff’s sister to enquire about it – During our conversation we managed to reconcile the matter". The defendant made no payment of the claim or even part payment but Ms Kabure says he merely made an apology.

The defendant now – having been summoned for examination as to his means to pay the judgment debt - applies to have the judgment set aside.

It is far too late for the application to succeed. The plaintiff has been entitled to assume for seven years that he had a judgment against the defendant. He has from time to time taken steps to enforce it. If the defendant had wanted to contest the claim he should have entered an appearance when he was served with the writ in 2001. He has done nothing to pay the plaintiff, merely asserts reconciliation through the plaintiff’s sister. The application is refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice