Home | Databases | WorldLII | Search | Feedback High Court of Kiribati

David v Bureieta [2025] KIHC 89; Miscellaneous Application 55 of 2023 (18 November 2025)

IN THE HIGH COURT OF KIRIBATI

CIVIL JURISDICTION
HELD AT KIRITIMATI ISLAND

Miscellaneous Application No. 55 of 2023

[Arising out of HC Civil Case No. 19 of 2019]

Between:

Maata David Applicant

And:

Ioritana Bureieta Respondent

Counsel: No appearance for the Applicant

Ms. Elsie Karakaua for the Respondent

RULING

Background

1. The matter came before the Court on 12 November 2025 for hearing of the applicant’s summons for directions filed in July 2023. Notice of hearing was duly served on counsel for the applicant, Mr. Berina. On the day fixed, only counsel for the respondent, Ms. Karakaua, appeared. No appearance was entered for the applicant, nor was any explanation offered for the absence.

Submission

2. Counsel for the respondent applied orally to have the matter struck out. She submitted that the originating case dates back to 2019, and that the present application, though filed in July 2023, has not been pursued or acted upon since. She relied on Order 62 of the High Court (Civil Procedure) Rules 1964, which empowers the Court to strike out proceedings for want of prosecution, while preserving liberty to reopen if justice so requires.

Determination

3. The Court notes that:
   • Proper notice of hearing was served on counsel for the applicant.
   • No appearance was made, and no excuse was tendered.
   • The application has remained dormant since its filing in July 2023.
4. In these circumstances, the Court is satisfied that the respondent’s application is well-founded. The applicant has failed to prosecute the matter diligently, and the Court will not permit proceedings to remain indefinitely pending without action.

Order

5. Accordingly, the Court orders as follows:
   1. The application for summons for directions in Miscellaneous Application No. 55 of 2023 is struck out pursuant to Order 62 of the High Court (Civil Procedure) Rules 1964.
   2. The respondent is granted liberty to apply should circumstances arise warranting the reopening of the matter.
   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