General Manager Plant Vehicle Unit v Irata [2022] KIHC 20; Miscellaneous Application 68 of 2021 (1 April 2022)

IN THE HIGH COURT OF KIRIBATI 2022

Miscellaneous Application No. 68 of 2021
Arising from High Court Civil Case No. 44 of 2017

[GENERAL MANAGER PLANT VEHICLE UNIT APPLICANT
[
BETWEEN [AND
[
[MARAWA IRATA RESPONDENT

Before: The Hon Chief Justice

1 April 2022

Ms Aukitino for the Applicant
Mr Tentau for the Respondent

ORDER OF HASTINGS CJ

[1] Ms Aukitino applied to stay execution of the judgment of the Betio Magistrates' Court
(Bet Civ 404/2016) dated 20 April 2017. A notice of appeal was filed and served on 28 April 2017. An application to stay execution of the judgment was filed and served on 15
September 2017. It was supported by an affidavit made by Teaboraoi Uriam, General Manager for Plant and Vehicle Unit dated 27 April 2017, The affidavit records that the respondent demanded payment of the judgment debt sometime before 27 April 2017.
[2] Mr Tentau opposed the application on the ground that a stay would deprive the respondent of the fruits of a judgment in his favour.
[3] I do not know why this matter ras lain dormant five years. Apart from the week following judgment, there is no evidence the respondent has done anything to secure the fruits of his judgment. Given the passage of time, and the fact that a date to hear the appeal has been found this month, the application is granted.
[4] I direct that execution of the judgment of the Betio Magistratesf Court in Bet Civ 404/2016 is stayed pending the outcome of the appeal, which is set down to be heard on 29 April 2022 at 10.30. One hour has been allocated for the hearing.
[5) The appellant will file and serve written submissions by 22 April 2022. The respondent will file and serve written submissions in reply by 28 April 2022.

Dated the 1^st day of April, 2022

HON. WILLIAM KENNETH HASTINGS
CHIEF JUSTICE