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Kiribati Copra Mill v Rineaki [2017] KIHC 46; Misc App 41 of 2017 (23 November 2017)

IN THE HIGH COURT OF KIRIBATI

MISCELLANEOUS APPLICATION NO. 41 OF 2017
(ARISING OUT OF CIVIL CASE NO. 122 OF 2010)

[KIRIBATI COPRA MILL Judgment Creditor
[
BETWEEN [AND
[
[BARANIKA RINEAKI Judgment Debtor
[
[DIRECTOR OF LANDS Garnishee

Before: The Hon Chief Justice Sir John Muria

7 November 2017

Ms Kiata Kabure-Andrewartha for the Judgment Creditor
No Appearance for Judgment Debtor & Garnishee

JUDGMENT

Muria, CJ: Judgment creditor obtained judgment in the sum of $30,836.29 against the judgment debtor on 24 June 2016 together with interest at 5% per annum and costs.

To date the judgment debtor has not paid any money to the judgment creditor in satisfaction of the judgment, despite attempts taken by the judgment creditor to secure payment from the judgment debtor.

Enforcement proceedings have been taken by the judgment creditor. The judgment debtor failed to attend the hearings in the enforcement proceedings.

Garnishee proceedings have been taken seeking payment from the Government in respect of rentals payable by the Government to the judgment debtor for lands leased by the Government from the judgment debtor.

Affidavit evidence from the office of the Director of Lands established that the judgment debtor receives annual rental payments in the total sum of $560.80 for the two lands owned by the judgment debtor – Bonriki Water Reserve, Land Plot No. 5960 and Bairiki Land Plot No. 803o/i.

The annual rentals are always due and owing to the judgment debtor from the Government. The judgment debtor still owes the judgment creditor the amount of $30,836.29.

ORDER

Having heard Ms Kabure of Counsel for the judgment creditor and having read the supporting document and there being no appearance for the judgment debtor, IT IS ORDERED:

1. That any lease rental payment that is payable by the garnishee to the judgment debtor from the time of service of this order in respect of the judgment debtor’s land at Bonriki Water Reserve Land Plot No. 596o and Bairiki Land Plot No. 803o/1 or so much of it is attached to satisfy the judgment granted on 24 June 2016 in the sum of $30,836.29 in favour of the judgment creditor in this case.
   
2. The Garnishee is ordered to pay any amount so attached to the judgment creditor immediately upon the rental falls due until the judgment sum is paid in full or until further order of the Court.
   

Dated the 23^rd day of November 2017

SIR JOHN MURIA
Chief Justice