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Vinod Patel & Company Ltd v Teanako [2012] KIHC 36; Civil Case 82 of 2010 (17 August 2012)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

HIGH COURT CIVIL CASE 82 OF 2010

BETWEEN:

VINOD PATEL & COMPANY LTD
APPLICANT

AND:

TEMREKE JOE TEANAKO t/a MARYS COOL
RESPONDENT

AND:

ANZ BANK (KIRIBATI) LTD
THIRD PARTY

FOR APPLICANT: BOTIKA MAITINNARA
FOR RESPONDENT: BATITEA TEKANITO
FOR THIRD PARTY: AOMORO AMTEN
Date of Hearing: 18 July 2012

JUDGMENT

Having heard submissions from the three Counsels, Ms Maitinnara of Counsel for the applicant (Vinod Patel & Company Ltd), Ms Tekanito of Counsel for the Respondent (Temreke Joe Teanako t/a Mary's Cool) and Mr Amten of Counsel for the Third Party (the ANZ Bank (Kiribati) Ltd) and having read the affidavit of Mr Kauongo from the ANZ Bank (Kiribati) Ltd, the application for an Order that the $30,000 received by the Respondent from the People's of the Republic of China, paid directly into the bank account of the Respondent, be transferred to the applicant in satisfaction of the judgment against the Respondent dated the 3 December 2010, is hereby refused for the following reason;

• The interest over this money has been transferred from the receiver, Temreke Joe Teanako, who is the 1st Respondent in this case, to the Third Party, ANZ Bank (Kiribati), under their oral agreement or undertaking, to form part of the Respondent's repayment for her loan with the Third Party. This agreement has been in effect for many years now.
  

Dated 17th August 2012.

...........................................
TETIRO M SEMILOTA
COMMISSIONER OF THE HIGH COURT