Provident Fund Board v General Manager for Kiribati Inter Island Shipping Services (KIISS) [2014] KIHC 50; Civil Case No 106 of 2011 (30 December 2014)

IN THE HIGH COURT OF KIRIBATI

CIVIL CASE NO. 106/2011

Between:

THE PROVIDENT FUND BOARD
Judgment Creditor

And:

GENERAL MANAGER for KIRIBATI INTER ISLAND
SHIPPING SERVICES (KIISS)
Judgment Debtor

Before: Commissioner of the High Court

Date of hearing: 30th day of December 2014

Counsel for Judgment Creditor: Taaira Timeon
Counsel for Judgment Debtor: Waimauri Nawaia

ORDER FOR STAY OF EXECUTION OF WRIT OF FIERI FACIAS

On hearing Counsel for both sides and on reading the affidavit of Temaia Tiaoti Mackenzie dated 23rd day of December 2014, it is ORDERED THAT:

(a) there be a stay of execution of writ of fieri facias so long as the judgment debtor pays the judgment debt of $93,516.48 plus interest in the total sum of $11,221.98 and costs of $150.00 by installments at the rate of $10,000 or above on the first week of each month;
(b) the first installment to commence on the 16th day of January 2015, provided that if the judgment debtor should make default in the payment of the said installments or any part thereof on the due date, the stay be forthwith removed in respect of the whole outstanding balance at the time of such default; and
(c) the Judgment Creditor be then at liberty forthwith to issue execution by writ of fieri facias on the said judgment and costs.

Dated this 30th December 2014.

___________________
Sister Benadette Eberi
Commissioner of the High Court