Raiha v Public Utilities Board [2010] KIHC 2; Civil Case 31 of 2009 (21 January 2010)

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

High Court Civil Case 31 of 2009

Between:

FREDDY RAIHA
Plaintiff

And:

PUBLIC UTILITIES BOARD
1st Defendant

TEBUREA MAIO
2nd Defendant

For the Plaintiff: Ms Taoing Taoaba
For the 1st Defendant: Ms Taaira Timeon
For the 2nd Defendant: Ms Elsie Karakaua

Date of Hearing: 21 January 2010

MEMORANDUM

Having heard the evidence of the two witnesses for the defendant PUB I find that Teburea was not acting in the course of his duty as Finance Manager when he drove the vehicle into the Gateway Bar. The PUB cannot be held vicariously liable for the damage caused. The claim against the PUB is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice