Attorney General v Kauabanga [2010] KICA 4; Civil Appeal 05 of 2010 (18 August 2010)

IN THE KIRIBATI COURT OF APPEAL
CIVIL JURISDICTION
HELD AT BETIO

Civil Appeal No 5 of 2010

BETWEEN:

ATTORNEY GENERAL IRO MINISTRY OF WORKS
Appellant

AND:

ATANTAAKE KAUABANGA AND OTHERS
Respondents

Before: Tompkins JA
Fisher JA
Williams JA

Counsel: Birimaka Tekanene for appellant
Banuera Berina for respondents

Date of Hearing: 12 August 2010
Date of Judgment: 18 August 2010

JUDGMENT OF THE COURT

[1] This appeal by the Attorney General was listed for hearing with an appeal in the matter of Koria. The same point of appeal as decided by us in the case of Koria applies with respect to Atanibeia Koria and the other workmen named in the proceedings.

[2] It was agreed between counsel that the outcome of the appeal in the case of Koria would be the same with respect to all other respondents.

[3] Therefore for the same reasons which we gave today in the appeal against Koria the appeal in the present case will be allowed and the claim of the respondents for payment of termination benefits as permanent employees will be dismissed.

[4] There will be no order as to costs in this Court.

Tompkins JA
Fisher JA
Williams JA