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Karetita Kamauti (trading as Kanroy Rental AI Car) v Bataua [2025] KIHC 86; Civil Case 01341 of 2024 (18 November 2025)

IN THE HIGH COURT OF KIRIBATI

CIVIL JURISDICTION
HELD AT KIRITIMATI ISLAND

Civil Case No. 2024-01341

Between:

Karetita Kamauti

(t/a Kanroy Rental Al Car) Plaintiff

And:

Kataebati Bataua Defendant

Counsel: Ms. Botika M. McDermott standing in

for Mr. Banuera Berina for the Plaintiff

RULING

1. This matter came before the Court on an application pursuant to Order 62 of the High Court (Civil Procedure) Rules 1964 (Western Pacific), seeking the dismissal of the action for want of prosecution.
2. The plaintiff obtained a default judgment against the defendant in May 2024. Since that date, no further steps have been taken by the plaintiff to prosecute or enforce the judgment.
3. The Court is satisfied that there has been inordinate and inexcusable delay in the prosecution of the matter. The plaintiff has failed to take any meaningful steps to advance the proceedings or to enforce the judgment for a period exceeding [6] months.
4. Pursuant to Order 62, the Court has a discretion to strike out proceedings where there has been undue delay or want of prosecution. The Court is mindful of the need to ensure that litigation is conducted efficiently and that the interests of justice are not undermined by prolonged inactivity.
5. In the circumstances, the Court is satisfied that the delay is such as to warrant the exercise of its discretion under Order 62. However, in the interests of justice, the Court considers it appropriate to grant the plaintiff liberty to apply to reopen the matter within a limited period, should good cause be shown.

ORDER

6. IT IS HEREBY ORDERED THAT:
   1. The action filed by the plaintiff on [insert date in May 2024] is struck out pursuant to Order 62 of the High Court (Civil Procedure) Rules 1964 (Western Pacific) for want of prosecution.
   2. The plaintiff is granted liberty to apply to reopen the matter within six (6) months of the date of this Order, upon showing good cause.
   3. There shall be no order as to costs.

DATED at Ronton, this 18^th day of November 2025.

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