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

Kautabuki v Terebu [2002] KIHC 25; Civil Appeal 07 of 2000 (7 June 2002)

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

High Court Civil Appeal 7 of 2000

Between:

N. KAATARA KAUTABUKI
Appellant

And:

ATERETI TEREBU
TAUKARO ATERETI
Respondents

For the Appellant: Mr Aomoro Amten
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 7 June 2002

JUDGMENT
(Ex Tempore)

This claim arises out of a fight between school boys. A mother has sued for damages for injury to her son. I do not think she can, as a matter of law, do that. A parent has no standing to sue for a child. Therefore the claim must fail. However the Magistrates dismissed the claim for another reason: that they needed to hear more evidence before coming to a conclusion. It was for the parties to bring all their evidence before the Court to prove their case. If the Court itself wanted to hear more evidence the correct procedure would have been to adjourn the hearing until the witnesses could be present. It was not correct to dismiss the claim.

The Magistrates' Court came to the correct decision but for the wrong reason.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE