Taitai v Attorney General, iro Minister of Finance and Economic Planning [2013] KICA 9; Civil Appeal 09.2013 (23 August 2013)

IN THE KIRIBATI COURT OF APPEAL
CIVIL JURISDICTIONHELD AT BETIO REPUBLIC OF KIRIBATI Civil Appeal No. 9 of 2013

BETWEEN

DR TETAUA TAITAI FOR OPPOSITION
APPELLANT

AND

ATTORNEY-GENERAL IRO MINISTER OF FINANCE AND ECONOMIC PLANNING
RESPONDENT

Before: Paterson JA
Blanchard JA Handley JA
Counsel: Batitea Tekanito for appellant Birimaka Tekanene for respondent
Date of Hearing: 20 August 2013
Date of Judgment: 23 August 2013

JUDGMENT OF THE COURT

1. On the 20th August 2013 the Court struck this matter out and awarded the respondent $350 costs. It now gives its reasons.
   
2. Dr Taitai failed in the High Court on his challenge to a Warrant signed by the Minister authorising certain expenditure.
   
3. Dr Taitai filed a notice seeking leave to appeal on 18 July 2012. The notice was not served on the Attorney-General and neither he nor his office was aware of the application until 16 August 2013.
   
4. As service had not been effected there was no application properly before the Court and the application could not be heard.
   
5. The Court also notes that an appeal against the Chief Justice's decision of 17 July 2012 could not succeed. Subsequent to the Warrant issued by the Minister of Finance the Maneaba ni Maungatabu has passed the Appropriation Act 2012 authorising payment from the Consolidated Fund of the moneys which were paid pursuant to the Warrant. The matter is now a dead issue. This Court's function is to determine disputes and not give advisory opinions.
   
6. The circumstances of the case justified an award of costs against the applicant.
   

Paterson JA

Blanchard JA

Handley JA