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Takaio v Ueen [2003] KIHC 259; Civil Case 06 of 2003 (9 October 2003)

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

HIGH COURT CIVIL CASE 6 OF 2003

BETWEEN:

BOIBE TAKAIO
PLAINTIFF

AND:

MARAITI UEEN
DEFENDANT

FOR THE PLAINTIFF: MS JACQUELINE HUSTON
FOR THE DEFENDANT: MR BANUERA BERINA

DATE OF HEARING: 9 OCTOBER 2003

REASONS FOR JUDGMENT

On 8 January 2003 the plaintiff, through his lawyer, issued a writ against the defendant claiming $5,350 with interest and costs. The writ was served on the defendant. The defendant did not appear.

On 25 July I entered judgment for the plaintiff in default of appearance, with damages to be assessed.

The action came on this morning, 9 October, for assessment. The defendant was present in court and gave evidence on oath admitting that the amount he owed to the plaintiff is $5,350.

Upon this admission I entered judgment for the plaintiff for $5,350 with costs fixed at $50 - $3,400 in all. I explained to the defendant that the full amount to be paid will be more because interest to date will be added.

ORDER

The plaintiff to have judgment for $5,350 with costs fixed at $50.

Dated the 9^th day of October 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice