MOEL Trading Co Ltd v Capt Cook Hotel Ltd [2015] KIHC 62; Civil Case 6 of 2009 (5 August 2015)

IN THE HIGH COURT OF KIRIBATI

CIVIL CASE NO. 6 OF 2009

BETWEEN

MOEL TRADING CO LTD
PLAINTIFF

AND

CAPT COOK HOTEL LTD
DEFENDANT

Before: The Hon Mr Justice Vincent Zehurikize

5 August 2015

Both parties absent

PROCEEDINGS

Court: It appears the Notice to Show Cause was not issued. But despite that, I observe that the Writ of Fieri Facias was last issued on 17 March 2011. Nothing was done with this writ as no report was made to the Court.

Under rule 20 of O.45 of the Civil Procedure Rules, the life of such a writ of execution is 12 months. It is now more than four years since it was issued and no renewal was made, nor is any application under O.45 r.23 extant.

In the premise there is nothing for which this matter should be before the Court. The case file is closed and put away.

Dated the 5th day of August 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge