Tetaake v Trustee for Kiribati Uniting Church [2023] KIHC 14; Miscellaneous Application 77 of 2021; Civil Review 21 of 2020 (22 June 2023)

IN THE HIGH COURT OF KIRIBATI

MISCELLANEOUS APPLICATION 77/21
HIGH COURT CIVIL REVIEW 21 OF 2020

BETWEEN
MATIETI TETAAKE, ATAAKE KAINTOA, TAIRO KAINTOA, AKINETI KAINTOA, MARETA KAINTOA
Applicants

AND
TRUSTEE FOR KIRIBATI UNITING CHURCH
Respondents

Date of Hearing: 22 JUNE 2023
Date of Judgment: 22 JUNE 2023

Appearances: Ms. Eweata Maata for the Applicants
Ms. Taaira Timeon for the Respondents

RULING -SETTING ASIDE DEFAULT JUDGMENT

This is an application to set aside the judgment in default dated 11 June 2020. After considering submissions from both sides, this Court finds that there is a substantial defence that warrants a proper hearing. This defence concerns the argument that the land sale agreement was between the applicants and the Kiribati Protestant Church, not the Kiribati Uniting Church. The respondent, Kiribati Uniting Church, submitted that they were party to this land sale agreement. This Court believes there is a vital issue to be properly considered, which can only be done if the court hears evidence from both parties at the hearing of the substantive matter.

In light of the above, the application to set aside the default judgment dated 11 June 2020 is granted. The applicant can file their defence as soon as possible, and the case will take its own course thereafter.

ORDER accordingly.

HON TETIRO SEMILOTA MAATE MOANIBA
Acting Chief Justice