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Butiaua v Village Bank Kuria [2002] KIHC 20; Civil Appeal 08 of 2000 (20 November 2002)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT KURIA
REPUBLIC OF KIRIBATI

High Court Civil Appeal 8 of 2000

Between:

TIIMI BUTIAUA
Appellant

And:

VILLAGE BANK, KURIA
Respondent

For the Appellant: Ms Taoing Taoaba
For the Respondent: Mr Tion Nabau

Date of Hearing: 20 November 2002

JUDGMENT
(Ex Tempore)

The appellant was found by the magistrates to owe to the respondent $185.40 which, with the fee, came to a total of $186.40. On 17 May 2000 they ordered, pursuant to Rule 25 of the Magistrates' Courts Rules that the appellant be imprisoned for six months for non-payment. On 17 June 2000 I made an order staying the execution of the enforcement order pending the hearing of the appellant's appeal. The appeal is now, properly, conceded by Mr Nabau for the respondent.

Rule 25 is hopelessly out of date and should be amended. S.88 of the Magistrates' Courts Ordinance gives power to the Chief Justice to make Rules of Court relative to 18 [(a) to (r)] provisions but I cannot see one which gives power to make a Rule for imprisonment in default of payment of a judgment debt. May be I have just missed it. Unless I have I doubt whether R.25 is valid. Whether it is or not it is quite out of date: the value of money has changed since it was drawn up. At least the Rule requires amendment to provide, e.g. for a period of imprisonment if the debt exceeds $200: at present there seems to be no provision for imprisonment if the debt exceeds $20. And so on.

I bring this matter to the attention of the Government in the hope of amendment of the Ordinance.

The appeal was limited to a complaint about the imprisonment and it is allowed to that extent. The appellant's debt to the Bank remains: that is so whether the Rule is valid or not. If the Rule is valid, it provides that the debt remains despite serving imprisonment: if the Rule is invalid the law is that a judgment debt remains a debt until paid or unless through lapse of time it has become statute barred.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE