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University of the South Pacific v Tarawa Motors [2025] KIHC 21; Civil Case 55 of 2019 (5 May 2025)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CIVIL CASE 55 OF 2019

BETWEEN: THE UNIVERSITY OF THE SOUTH PACIFIC
(KIRIBATI CENTRE)
Plaintiff

AND: TARAWA MOTORS
Defendant

Date of hearing: 24 April 2025
Date of Judgment: 5 May 2025

Appearances: Ms Maata for the Plaintiff
Mr Berina for the Defendant

R U L I N G

1. The court listed the case for striking out due to want of prosecution. The defendant did not oppose the striking out but did not advocate for it, as they are also at fault for not complying with the Order on Directions issued on 22 June 2020.
   
2. The plaintiff opposed the striking out, stating that they were not aware of the directions issued on 22 June 2020. Their case was initially handled by a different lawyer, Maitinnara, who failed to inform them of these directions. When their new lawyer took over the case, they were not provided with a copy of this Order on Directions. They were left believing that the Summon for Directions had not been addressed. They claim to have a strong case against the defendant for the recovery of the price of the two vehicles they ordered from the defendant for $76,500.
   
3. I accept the plaintiff’s explanation. The defendant did not contest the plaintiff’s submission. The case is not struck out. Parties must comply with the Order on Directions immediately. The case is scheduled for hearing on 3 July at 10 am.
   

THE HON TETIRO SEMILOTA MAATE MOANIBA
Chief Justice