Kwong (trading as Taotin Trading) v Attorney-General [2022] KIHC 6; Miscellaneous Application 74 of 2018 (24 February 2022)

IN THE HIGH COURT	MISC. APP. NO. 74 OF 2018
OF KIRIBATI	ARISING FROM CIVIL CASE NO. 11 OF 2015 BETWEEN GEORGE TIARITE KWONG trading as TAOTIN TRADING Applicant/Plaintiff AND ATTORNEY-GENERAL iro the MINISTRY OF HEALTH AND MEDICAL SERVICES Respondent/Defendant
Date of Hearing:	24 February 2022
Appearances:	Ms Maitinnara for the Applicant Ms Tumai Timeon for the Respondent
Judgment:	24 February 2022

MINUTE OF HASTINGS CJ

[1] The applicant has applied to set aside a judgment entered against it on 13 June 2018 and to relist the matter for hearing. The respondent does not object to this outcome provided the applicant pays costs of $150 awarded to the respondent by the then Commissioner of the High Court on 13 June 2018.

[2] The record before me is murky. A statement of defence was filed and served. Ms Maitinnara remembers calling two witnesses when the matter was tried by the then Commissioner in 2015 in the absence of the defendant. No judgment appears in the record. It also appears that the then Commissioner struck out the plaintiffs claim and entered judgment for the defendant in 2018 when the plaintiff did not appear for a hearing.

[3] The application is granted by consent. The applicant will pay to the respondent the costs of $150 awarded to the respondent on 13 June 2018.

[4] Civil Case No 11 of 2015 is adjourned to 24 March 2022. Unless a notice of discontinuance is filed and served before 24 March 2022, this matter is set down for hearing on that date.

Hon William Kenneth Hasting

Chief Justice