Itaia v Kiribati Oil Co Ltd [2024] KIHC 38; Civil Case 02979 of 2024 (30 October 2024)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CIVIL CASE 2024-02979

BETWEEN: Teengan Itaia Appellant

AND: Kiribati Oil Co Ltd
Respondent

Date of Hearing: 30 October 2024
Date of Judgment: 30 October 2024

Appearances: Mr. Banuera Berina for the Appellant
Mr. Birimwaka Tekanene for the Respondent

R U L I N G

1. At the hearing on 9 October, it became apparent that the appellant had died, and an issue arose as to whether the cause of action survived after her death.
   
2. Order 19 Rule 1 and 11 of the High Court Civil Procedure Rule is applicable which states as follows;
   

“ORDER 19

CHANGE OF PARTIES AFTER DEATH

Action not abated where cause of action continues.

R.S.C. O17,r1

1. A cause or matter shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survives or continues and shall not become defective by the assignment, creation, or devolution of any estate or title pendente life, and whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or finding of the issues of fact and the judgment, but the judgment may in such case be entered, notwithstanding the death.”

Dispute as to legal representative

Sch.3. O28,r6.

11. If any dispute arises as to who is the legal representative or successor of a deceased plaintiff, it shall be competent to the Court to stay the action until the fact has been duly determined in another action, or to decide at or before the hearing of the action who shall be admitted to be such legal representative or successor for the purpose of prosecuting the action.”

3. Counsel for the Respondent is concerned that the Appellant might have died before the appeal was filed, which would make her appeal invalid. Their second concern is that they have not seen proof that the administrator has been appointed.
   
4. Counsel for the Appellant then provided proof of the appointment of the administrator and a copy of the death certificate to prove that the Appellant passed away after her appeal was lodged. She died on 16 May 2024, three days after her appeal was filed with this Court.
   
5. After seeing the evidence, the death certificate, and the appointment of the administrator, this Court is also satisfied that the matter is closed. I informed the parties, through Counsels, that the hearing of the substantive case will continue on 25 November 2024 at 10 a.m.
   

Order accordingly.

THE HON TETIRO SEMILOTA MAATE MOANIBA
Chief Justice