IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT KIRITIMATI ISLAND
Civil Case No. 2024-03397
Between:
Development Bank of Kiribati					Plaintiff
And: 
Kataebati Bataua	 						1st Defendant 
Peter Graven Mwetaake 						2nd Defendant 

Counsel:	Ms. Angitonu David for the Plaintiff
		Ms. Botika M. McDermott standing in 
		for Mr. Banuera Berina for the 2nd Defendant

RULING
1.	This matter came before the Court on the plaintiff’s application for leave to discontinue the proceedings against the defendants pursuant to Order 28 Rule 1 of the High Court Civil Procedure Rules 1964.
2.	The plaintiff submitted that one of the defendants has not been located and, as a result, has not been served with the summons.  The plaintiff seeks to ascertain the whereabouts of that defendant before commencing fresh proceedings.
3.	The application was made pursuant to [insert relevant rule or statutory provision], which permits a plaintiff to discontinue proceedings with the leave of the Court where service has not been effected.
4.	The Court is satisfied that the application is properly made and that discontinuance at this stage would not prejudice the defendants.
5.	Accordingly, the Court grants leave to the plaintiff to discontinue the proceedings.
ORDER
1)	Pursuant to Order 28 Rule 1 of the High Court Civil Procedure Rules 1964, the plaintiff is granted leave to discontinue the proceedings against the defendants.
2)	The proceedings are discontinued accordingly.
3)	There is no order as to costs.
DATED at Ronton, this 18th day of November 2025.

__________________________
HON. AOMORO T. AMTEN
Judge of the High Court