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Kabuaua v Chief Executive Officer [2010] KIHC 40; Civil Appeal 33 of 2009 (13 April 2010)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION

High Court Civil Appeal 33 of 2009

HELD AT BETIO
REPUBLIC OF KIRIBATI

BETWEEN:

KAITIROA KABUAUA
Appellant

AND:

CHIEF EXECUTIVE OFFICER
PUBLIC UTILITIES BOARD
Respondent

For the Appellant: Mr Raweita Beniata
For the Respondent: Ms Taaira Timeon

Dates of Hearing: 13 April 2010

JUDGMENT
(Ex Tempore)

The appellant went to Court complaining about his bill from the PUB and asking that it be adjusted. The respondent did not turn up three times – on two adjournments and the third time when the Single Magistrate heard the case – and was not represented. Nevertheless the Single Magistrate gave judgment for the respondent. There was no evidence before the Court on which the Single Magistrate could act. When his client was giving evidence Mr Beniata did hand to him a PUB account but it was not tendered. Yet the Single Magistrate wrongly insisted on looking at it and keeping it. He acted on it in coming to his decision.

Ms Timeon concedes that the decision cannot stand. No court may – except by consent of parties – give judgment based on no evidence. The appeal is allowed and the judgment quashed.

What is to be done now? The case is to be returned to the Magistrates’ Court for rehearing by another Single Magistrate. In the meantime the appellant has no power: a most undesirable situation. The rehearing should be speedy.

If the respondent does not come to Court next time or is not represented he may well find a judgment against him and an order for costs.

THE HON ROBIN MILLHOUSE QC
Chief Justice