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Development Bank of Kiribati v Mwetaake [2025] KIHC 87; Civil Case 03397 of 2024 (18 November 2025)

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 1^st Defendant

Peter Graven Mwetaake 2^nd Defendant

Counsel: Ms. Angitonu David for the Plaintiff

Ms. Botika M. McDermott standing in

for Mr. Banuera Berina for the 2^nd 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 18^th day of November 2025.

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