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Development Bank of Kiribati v Tauro [2005] KIHC 141; 55-04 (20 October 2005)

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

High Court Civil Case No. 55 of 2004

Between:

DEVELOPMENT BANK OF KIRIBATI
Plaintiff

And:

TEETA TAURO
Defendant

For the Plaintiff: Ms Batitea Tekanito
For the Respondent: Mr Aomoro Amten

Date of Hearing: 20 October 2005

REASONS FOR JUDGMENT

On 29 August, by consent, I gave judgment for the plaintiff on liability with damages to be assessed. The action came on for hearing for assessment last Thursday. It turned out to be only an arithmetical exercise.

The defendant had signed a loan agreement and given a bill of sale on 5 January 1999. All the terms and conditions were set out in the two documents and despite the defendant’s grumbles he had no way of avoiding them.

The plaintiff had seized some of the goods given as security for the loan of $9,000. They were sold and realized a very small sum. The defendant had told the bailiffs the other items were no more.

The plaintiff has preferred to sue the defendant and not go after the guarantor. It is entitled to do that.

After discussion with Ms Tekanito for the plaintiff and Mr Amten for the defendant they made the calculations and agreed the amount owing at $10,031.90. By consent I gave judgment for the plaintiff for $10,031.90 inclusive of costs.

Dated the 20th day of October 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice