Nenetaake v Ruataake [2022] KIHC 19; Miscellaneous Application 106 of 2020 (25 March 2022)

IN THE HIGH COURT OF KIRIBATI 2022

Miscellaneous Application No. 106 of 2020
Arising from High Court Civil Case No. 51 of 2017

[TIONRAOI NENETAAKE APPLICANT
[
BETWEEN [AND
[
[TEKAITI RUATAAKE FOR HIMSELF FIRST RESPONDENTS
[AND OTHER CUSTOM OWNERS
[DEVELOPMENT BANK OF KIRIBATI SECOND RESPONDENT
[NENETITA NENETAAKE THIRD RESPONDENT

Before: The Hon Chief Justice

25 March 2022

Mr Banuera Berina for the Applicant
Ms Tekanito for the First Respondents
Ms Itibita for the Second Respondent
No appearance for the Third Respondent

ORDER OF HASTINGS CJ

[1] Mr Berina seeks an order striking out the claim of the plaintiff first respondents on the grounds that they have failed to comply with directions made on 19 November 2018 and have not prosecuted their action.
[2] Ms Tekanito said she has not met with the first respondents. She thought they may be in New Zealand, Not having been able to obtain instructions, she asked to withdraw as counsel of record. Her application is granted
[3] In the circumstances, Mr Berina's application to strike out the claim of the first respondents with respect to the applicant is granted.
Dated the 25^th day of March, 2022

HON. WILLIAM KENNETH HASTINGS
CHIEF JUSTICE