Development Bank of Kiribati v Tioti [2008] KIHC 52; Civil Case 74 of 2005 (24 October 2008)

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

High Court Civil Case 74 of 2005

IN THE MATTER OF THE FOREIGN JUDGMENT
(RECIPROCAL ENFORCEMENT) ACT 1963

AND

IN THE MATTER OF A JUDGMENT OF THE KIRIBATI
HIGH COURT OBTAINED IN CIVIL ACTION 74 OF 2005.
DEVELOPMENT BANK OF KIRIBATI VERSUS NGAIA TIOTI

Between:

Development Bank of Kiribati
Applicant

And:

Ngaia Tioti
Respondent

For the Applicant: Ms Batitea Tekanito
Ex Parte Application

Date of Hearing: 23 October 2008

CERTIFICATE A

I, the Honourable Robin Millhouse, Chief Justice of the High Court of Kiribati hereby certify that the Writ of Summons, a copy of which is hereunto annexed, was issued out of the High Court in Kiribati on 13th October 2005 by the Development Bank of Kiribati, the abovenamed plaintiff against Ngaia Tioti, the abovenamed defendant, for unpaid loan in the sum of Aus$10,577.84 with interest on the remaining balance at 1 percent per month plus penalty of Aus$20 each month running from 10 May 2006 and plus costs.

That the said writ was duly served on 17th October 2005 upon the said defendant Ngaia Tioti by delivering it to her personally at the office of the Development Bank of Kiribati.

That by consent the said plaintiff obtained judgment against the said defendant in the High Court of Kiribati for payment of the sum of A$11,444.35 with interest on the remaining balance at 1 percent per month to run from 10 May 2006 being for an unpaid loan.

That no objection has been made to the jurisdiction of the Court.

Dated the 24th day of October 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice