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Terabata v Tonganibeia [2010] KIHC 29; Civil Appeal 47 of 2008 (2 March 2010)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION

High Court Civil Appeal 47 of 2008

HELD AT BETIO
REPUBLIC OF KIRIBATI

BETWEEN:

TAURO TERABATA
Appellant

AND:

KABUTIA TONGANIBEIA
Respondent

For the Appellant: Ms Maere Kirata
No appearance by Respondent either on Maiana or on South Tarawa after radio announcement

Dates of Hearing: 2 March 2010

ORDER
(Ex Tempore)

The only point needing decision in this appeal is the return or otherwise of a motorcycle. The magistrates made a decision that various items should be returned to the appellant but they did not mention among them the motorcycle.

Ms Kirata has pointed out that on an earlier day (19/06/08) in the proceedings the magistrates had ordered as follows:-

The motorcycle shall stay with the court within a term of 30 days effective from this date. During that time and they should make a proper research in relations with the information of the motorcycle. Should there be no actions made during that time and the motorcycle should be returned to the respondent namely Tauro.

Ms Kirata says the motorcycle is still with the police on Maiana. The 30 days have well passed.

ORDER that the motorcycle referred to in CN 24/08 be returned forthwith to the appellant.

THE HON ROBIN MILLHOUSE QC
Chief Justice