Waysang Kum Kee v Kiribati Oil Company Ltd [2010] KIHC 17; Civil Case 83 of 2009 (4 February 2010)

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

High Court Civil Case 83 of 2009

BETWEEN:

WAYSANG KUM KEE
Plaintiff

AND:

KIRIBATI OIL COMPANY LIMITED
Defendant

For the Plaintiff: Ms Kiata Kabure
For the Defendant: Mr Banuera Berina

Date of Hearing: 4 February 2010

JUDGMENT
(Ex Tempore)

Following the judgment dated 7 January, the parties have been negotiating the figures but have not been able to agree on the charge for freight for the fuel. I have had to decide that after a short hearing this morning.

N. Tatang Tataua KOIL accountant has given evidence that the rate is the same from Tarawa to Canton as it would be from Tarawa to the Line Islands: likewise for the return to Tarawa. Mr Berina has told me, Ms Kabure not opposing, that KOIL was charged $8,750 freight to Canton. Mr Berina’s contention is that the same amount, $8,750 should be fixed as the freight for the return to Tarawa.

Mr Kum Kee did not come to Court today. Instead his daughter, N. Miriah gave evidence but it was obvious that she did not prepare any figures: her father did. Mr Berina objecting I could not allow a tender, through her, of Mr Kum Kee’s calculations.

That leaves me only with the KOIL figure. I have no reason not to accept it. The freight for the return of the fuel to Tarawa is fixed at $8,750.00.

THE HON ROBIN MILLHOUSE QC
Chief Justice