Muller v Republic [2011] KIHC 53; Civil Case 128 of 2011 (27 October 2011)

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

HIGH COURT CIVIL CASE 128 OF 2011

BETWEEN:

MARYANN MORRIS MULLER
NEI TERURU MORRIS
PLAINTIFFS

AND:

ATTORNEY GENERAL iro THE REPUBLIC OF KIRIBATI
DEFENDANT

FOR PLAINTIFFS: KIATA KABURE
FOR DEFENDANT: MONOO MWERETAKA
Date of Hearing: 26th OCTOBER 2011

JUDGMENT
Ex tempore

This is an application by the plaintiff to reopen High Court Civil Case 152 of 2008 and to set aside the Court's Order on 18 September 2009.

It is the Court's discretion to consider this application. After hearing submissions from both Counsels, I will grant the re-opening of this case. I based my decision on the ground that the plaintiffs were never aware that their case had been discontinued.

Counsel for the defendant raised the issue of res judicata. I will not make a decision on this issue now as it can be decided when hearing the substantive claim.

Therefore, High Court Civil Case 125 of 2008 is reopened and Court's Order on 18 September 2009 is hereby set aside.

I make no Order as to Cost.

Dated 27th October 2011

TETIRO M SEMILOTA
COMMISSIONER