Batio v Kiraaua [2010] KIHC 151; High Court Civil Review 1 of 2010 (25 May 2010)

In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

High Court Civil Review 1 of 2010

Between:

Tebetaa Batio
Applicant

And:

Teekemau Kiraaua
Respondent

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

Date of Hearing: 25 May 2010

ORDER
(Ex Tempore)

The parties are husband and wife but are separated. The respondent is a seaman. He is due back in Kiribati this week. Before he went to sea, on 15 January 2009 Ms Maitinnara on his behalf obtained an ex parte order to have closed a store which he and his wife had previously been running. It is said to have stock in it worth over $3,000. Although the parties say they have tried they have not been able to agree on what terms the applicant may re-open the store. In discussion with counsel this morning it has finally come down to who is to do a stock take now to allow the applicant to open the store and trade with fresh stock.

The respondent has a girl friend who may be prepared to take stock in conjunction with the applicant. The stock should be taken within the next seven days at the expiration of which time the order closing the store is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice