Jong (trading as Rose Shipping Services) v Kiribati Insurance Corporation [2024] KIHC 10; Miscellaneous Application 24 of 2023; Civil Appeal 8 of 2023 (27 March 2024)

IN THE HIGH COURT OF KIRIBATI

MISCELLANEOUS APPLICATION 24 OF 2023
HIGH COURT CIVIL APPEAL 8 OF 2023

BETWEEN:
NICHOLAS JONG T/A ROSE SHIPPING SERVICES
Applicant

AND:
KIRIBATI INSURANCE CORPORATION
Respondent

Date of Hearing: 27 MARCH 2024
Date of Judgment: 27 MARCH 2024

Appearances: Ms. Kaekeuea Berina for the Applicant
Mr. Tabibiri Tentau for the Respondent

R U L I N G

The applicant applied to amend his statement of claim, initially filed in 2016. The proposed amended writ was filed together with this application. The purpose of the amendment is to simplify the claim by identifying relevant questions in controversy between the parties.

The respondent raised an issue of delay in the proceeding and submitted that they oppose the application to amend the claim on the grounds that the defendant’s main witness has passed on, which will affect the preparation of their defence. The applicant did not press further with their application except requesting a hearing date.

I agree with the respondent. The case was from 2016; since then, it has undergone several procedures. At one time, judgment in default was entered and then set aside. An Order on Directions was issued in 2020. It is far too late now to try to amend the claim; the application for this was just filed last year. The respondent is quite right when they stated that their defence would be impacted as their primary witness has passed away.

In light of the above, the application is refused.

Order accordingly.

THE HON TETIRO SEMILOTA MAATE MOANIBA
Acting Chief Justice