Bairiki Holdings Ltd v Mwea [2024] KIHC 21; Miscellaneous Application 11 of 2021 (29 August 2024)

IN THE HIGH COURT OF KIRIBATI

Miscellaneous Application 11/2021 arising out of High Court Civil Case 66/2020

BETWEEN	BAIRIKI HOLDINGS LTD Applicant v
AND	MWEA BETERO MWEA Respondent

Date of hearing: Date of judgment:	15 June 2021 29 August 2024
Appearances:	Mr Banuera Berina, for the Applicant Ms Botika Maitinnara, for the Repondent

JUDGMENT
______________________________________________________________________________

1. At the outset, it is important to note that this is one of the backlog cases idly sitting with the court to date awaiting advice from the Applicant and particularly, awaiting compliance by the Applicant to the order of this court in which Mr Berina should provide relevant documents (ANZ Bank documents) to the Respondent and the court before deciding the Applicant’s application to set aside the writ of fieri facias.
   
2. On 2 August 2023, the case was called again for hearing but the Applicant did not appear.
   
3. On 13 March 2024 at 10am, the case was listed for a Pre-Trial Conference (PTC) in which Ms Maitinnara’s assistant appeared for the Respondent but no appearance for the Applicant hence the recommendation of the PTC Coordinator for the case to be struck out. There was an affidavit of service to the PTC.
   
4. This is a clear abuse of the court’s process as well as a delaying tactic by the Applicant and for the sake of justice, the application to set aside the writ of fieri facias is struck out with costs and the Sheriff is ordered to proceed with the execution of the writ of fieri facias against the Applicant.
   
5. ORDERS OF THIS COURT:
   
   • The Application is struck out;
   • Costs of $150.00 to be paid by the Applicant to the Respondent two weeks from today.
   • The Sheriff is ordered to proceed with execution of the writ of fieri facias against the Applicant.
     

_______________________________
Mr Abuera Uruaaba
Commissioner of the High Court