Beiatau v Raiwan [2009] KIHC 49; Civil Appeal Case 38 of 2007 (13 October 2009)

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

HIGH COURT CIVIL APPEAL 38 OF 2007

BETWEEN:

UNI BEIATAU
APPELLANT

AND:

KABWEBWE RAIWAN
RESPONDENT

For the Appellant:Mr Banuera Berina
For the Respondent:Ms Botika Maitinnara

Date of Hearing: 13 October 2009

JUDGMENT
(Ex Tempore)

The appellant, one of the trustees of a private primary school, but as represented all the trustees, took proceedings against the respondent, the teacher, for recovery of $2,500 belonging to the School, which it was claimed, the respondent had used for her own purposes. The Single Magistrate decided in favour of the appellant although she found that some of the money had been used for the comfort of the children: the rest used for the beautification of the respondent’s house. The Single Magistrate ordered "that everything bought by the defendant for the school or building material should be returned to the Evelyn Pre-school which is overseen by the committee and chairman who is the present plaintiff in this case".

The problem now confronting the parties is how to decide what should be returned to the trustees: the Single Magistrate’s judgment is difficult, if not impossible, to carry out.

After discussion with counsel it seems there is not likely to be agreement between the parties on a split in money. A split in money is really the only practicable way to bring the case to a conclusion. Therefore counsel have agreed that the appeal should be allowed, the judgment of the Single Magistrate quashed and the case returned to her to give a decision splitting the $2,500.00 equitably in accordance with the evidence between the parties.

Order accordingly.

THE HON ROBIN MILLHOUSE QC
Chief Justice