Kabawaki v Tannang [2011] KIHC 22; Civil Review 01 of 2011 (27 June 2011)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION

Republic of Kiribati
Held at Betio

High Court Civil Review 1 of 2011

Between:

Eritabeta Kabwaki for Issues of Okoua Okintemate
Applicant

And:

Katia Tannang & Others
Respondents

BEFORE: The Hon Sir John Muria CJ

Ms Batitea Tekanito for the Applicant
Mr Michael Takabwebwe For the Respondents

Date of Hearing: 27 June 2011

RULING
(Ex Tempore)

Having heard Ms Tekanito of Counsel for the applicant and Mr Takabwebwe of Counsel for the Respondents the application is refused with costs to the respondents in the sum of $150.00 for the following reasons:

Costs awarded was for adjourning the case. Although Counsel informed the Court Clerk, she did not inform Counsel for the respondent that she would not be present. Consequently, the respondent's party and their Counsel attended Court incurring expenses to travel to Court.

Had Counsel for the applicant notified Counsel for the respondent in advance, he would have advised his clients and no costs would be incurred in having to turn up in court only for the adjournment.

As a matter of good practice, where both parties are represented by Counsel, it is always prudent to notify the Court (as a matter of duty to the Court) and Counsel on the other side (as a matter of good practice and professional courtesy), if Counsel will be late to attend Court or is unable to attend Court because of some good reasons.

Dated the 27th day of June 2011

SIR JOHN MURIA
Chief Justice