Lieven v Communication Commission of Kiribati [2023] KIHC 64; Miscellaneous Application 97 of 2020 (13 October 2023)

IN THE HIGH COURT OF KIRIBATI TE KABOWI AE RIETATA I KIRIBATI

Miscellaneous Application 97/2020 Arising out of Civil Case 84/19

BETWEEN	JOYCE LIEVEN BAIRIKI HOLDINGS LTD t/a TARAWA MOTORS Applicant
AND	COMMUNICATION COMMISSION OF KIRIBATI Respondent

Appearances:	Mr Banuerea Berina for the Applicant Ms Fuatino Noa for the Respondent
Hearing date:	16 February 2021
Judgment:	13 October 2023

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JUDGMENT
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1. This is one of the backlog cases listed late in the case management cycle, heard in 2021. With issues facing the Judiciary previously with number of Judges, this case is now listed for the decision with respect to the application brought by the Applicant.
2. The application was to set aside the default judgment issued on 11 June 2020. In addition, the Applicant also applied that the writ of fieri facias is set aside.
3. Mr Berina, submitted that the default judgment should be set aside for irregularities and that the claim should be set aside against the first and second Applicants. Ms Noa, strongly opposed to the application.
4. After considering counsels strong submissions for the Applicant and the Respondents, it is in the light of justice after considering the submissions, I exercise my discretion to grant the application to set aside the default judgment only but costs should be awarded against the Applicants.
   

Orders of the court:

1. Application for the setting aside of the default judgment is granted;
2. The writ of fieri facias already issued is discontinued;
3. The case will be listed in November 2023 for the hearing of Civil Case 84/2019;
4. Costs to be taxed if not agreed.
   

MR ABUERA URUAABA,
COMMISSIONER OF THE HIGH COURT