Development Bank of Kiribati v Abaiota [2012] KIHC 28; Civil Case 173 of 2012 (22 October 2012)

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

HIGH COURT CIVIL CASE 173 OF 2012

BETWEEN:

DEVELOPMENT BANK OF KIRIBATI
APPLICANT

AND:

TIAEN ABAIOTA
RESPONDENT

FOR APPLICANT: MONOO MERETAKA
FOR RESPONDENT: BATITEA ITIBITA
Date of Hearing: 22 October 2012

JUDGMENT

Upon hearing submissions of Mr Mweretaka, of Counsel for the Applicant, and Ms Tekanito of Counsel for the Respondent, and upon considering supporting affidavits from both sides, it is hereby ordered that the application of the Applicant for an Order to prohibit the Respondent from leaving the country, Kiribati until she has settled her outstanding debt with the Applicant (Development Bank of Kiribati) is hereby refused for the following reasons:

That the amount claimed by the Applicant, which is $4363.49 is not an outstanding debt or amount overdue but the current balance of the Respondent's loan with the Applicant,

That the contract period has not ended, it was a 96 months agreement starting from October 2007 therefore will end in the year 2015,

That according to the 'Schedule of Payment' or 'Amortization Table' developed by the Applicant (DBK) the remaining balance of the loan agreement by the 1/10/12 should have been $6806.58 but instead the actual remaining balance as of 12/10/12 or as of date of the Writ of Summons is only $4363.49, showing that repayment was made in advance, and

That based on the above evidences the Court found that the Applicant had failed to establish that there is an outstanding debt or arrears standing against the Respondent.

Order accordingly.

Dated 22 October 2012.

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TETIRO M SEMILOTA
COMMISSIONER OF THE HIGH COURT