Obera v Development Bank of Kiribati [2009] KIHC 54; Civil Appeal Case 27 of 2009 (16 October 2009)

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

HIGH COURT CIVIL APPEAL 27 OF 2009

BETWEEN:

TERIBWATA OBERA
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)

It seems that the Court Clerk did not bring to the attention of the Single Magistrate that the appellant had written a letter of excuse for not coming to Court. The letter should have been shewn to the Single Magistrate: it may have influenced the Single Magistrate’s decision to give judgment for the respondent. As a matter of fairness the Court Clerk should have shewn the letter to the Single Magistrate.

The appeal is allowed: the decision of the Single Magistrate is quashed and the case returned to the Magistrates’ Court for rehearing.

THE HON ROBIN MILLHOUSE QC
Chief Justice