Kosrae v Kingdom of Tonga [2000] FMSC 12; 9 FSM Intrm. 522 (Kos. 2000) (28 June 2000)

FEDERATED STATES OF MICRONESIA
SUPREME COURT TRIAL DIVISION
Cite case as Kosrae v Kingdom of Tonga, [2000] FMSC 12; 9 FSM Intrm 522 (Kos. 2000)

STATE OF KOSRAE,
Plaintiff,

vs.

THE GOVERNMENT OF THE KINGDOM OF TONGA
(TONGA DEFENCE SERVICES) and CAPTAIN P.F. MATOTO,
Defendants.

__________________________________________

CIVIL ACTION NO. 1999-2002

ORDER AND MEMORANDUM

Martin Yinug
Associate Justice

Decided: June 28, 2000

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HEADNOTE

Civil Procedure - Dismissal; International Law; Sovereign Immunity
A suit over an incident involving a foreign vessel, will not be dismissed when the vessel was engaged in commercial activity, and not in sovereign acts. Kosrae v. Kingdom of Tonga, [2000] FMSC 12; 9 FSM Intrm. 522, 523 (Kos. 2000).

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COURT'S OPINION

MARTIN G. YINUG, Associate Justice:

The court having received no response from the Department of Foreign Affairs as requested by the order and memorandum of April 6, 2000 [Kosrae v. M/V Voea Lomipeau, [2000] FMSC 31; 9 FSM Intrm. 366, 373-74 (Kos. 2000)], the defendants' motion to dismiss filed on March 14, 2000, is denied for the reasons set out at note 4 in the memorandum [Id. at 373 n.4], it appearing that the vessel was engaged in commercial activity, and not in sovereign acts, when the incident complained of took place.