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Nikunau Island Council v Mataio [2002] KIHC 6; Civil Appeal 03 of 1997 (7 June 2002)

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

High Court Civil Appeal 3 of 1997

Between:

NIKUNAU ISLAND COUNCIL
REP BY RABAERE TEAWATEI
Appellant

And:

BENETITO MATAIO
Respondent

For the Appellant: Mr Tion Nabau
For the Respondent: Ms Emma Hibling

Date of Hearing: 7 June 2002

JUDGMENT
(Ex Tempore)

The respondent was the president of the Island Council. A dispute arose and the Council purported to remove the President from office. He sued for compensation in the Magistrates' Court and was awarded $250 damages. The Council has appealed.

Mr Nabau has drawn attention to S15(5) of the Local Government Act:

A president or vice-president of a council at any time during his term of office may resign or may be removed by resolution of not less than two-thirds of all the members of the council.

Ms Hibling has mentioned sections 20(2) and (3). There is no proof that these sections were followed. Mr Nabau urges me to send the matter back for rehearing so that the Council has fresh opportunity to remedy the omission. There is no reason why the Council should be given a second chance. It was for the Council at the original hearing to prove, as a defendant to the claim, that the respondent was properly removed from office by resolution of not less than 2/3 of all the members. It did not and now it is too late. The Magistrates' Court came to the correct decision, although perhaps by a questionable route.

Ms Hibling has asked for interest on the unpaid judgment moneys. She has done a calculation at $82.25 simple interest. The interest should be compound. Mr Nabau does not complain of $100.00 making the amount due to the respondent $350.00 in all.

The appeal is allowed but only to the extent of increasing the amount to which the respondent is entitled to $350.00.

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE