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High Court of Kiribati |
IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI
HIGH COURT CIVIL CASE 60 OF 2009
BETWEEN:
TANOATA ANAUEA
PLAINTIFF
AND:
ATTORNEY GENERAL IRO MINISTRY OF EDUCATION
DEFENDANT
For the Plaintiff:Mr Banuera Berina
For the Defendant:Mr Birimaka Tekanene
Date of Hearing: 1 October 2009
JUDGMENT
The plaintiff claims from the defendant for past overtime amounting to $190,149.26. The facts are agreed:-
Counsel have asked me to determine only whether the claim is statute barred.
By paying $5,024.85 the defendant implicitly acknowledged the debt. By acknowledging the debt the defendant allowed time to run afresh.
There is a useful summary of the law in 24 Halsbury 297 et seq especially at paragraphs 590 and 591:-
Where any right of action has accrued to recover any debt ..... and the person liable or accountable therefor acknowledges the claim or makes any payment in respect thereof, the right is deemed to have accrued on and not before the date of the acknowledgment or last payment.
Section 4(1) of the Limitation Act merely bars the remedy and not the right:-
"The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued ..... actions founded on simple contract".
The action is not statute barred.
THE HON ROBIN MILLHOUSE QC
Chief Justice
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URL: http://www.paclii.org/ki/cases/KIHC/2009/39.html