Kaeka v Development Bank of Kiribati [2009] KIHC 53; Civil Appeal Case 26 of 2009 (16 October 2009)

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

HIGH COURT CIVIL APPEAL 26 OF 2009

BETWEEN:

TABWEBWE KAEKA
APPELLANT

AND:

DEVELOPMENT BANK OF KIRIBATI
RESPONDENT

For the Appellant: Mr Raweita Beniata
For the Respondent: Ms Batitea Tekanito

Date of Hearing: 16 October 2009

ORDER
(Ex Tempore)

Having looked at the Loan Offer/Acceptance I see only N. Tabwebwe has signed: N. Tooti has not. The DBK could therefore look only to N. Tabwebwe for repayment and is entitled to require full repayment from N. Tabwebwe. What the position between the two ladies, N. Tabwebwe and N. Tooti is a matter for them: it is not the concern of the DBK. The Single Magistrate came to the correct decision.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice