Bontio v Tokitoki [1995] KIHC 6; Divorce Review 11 of 1995 (31 August 1995)

IN THE HIGH COURT OF KIRIBATI
(BEFORE THE HON R LUSSICK C.J.)

HIGH COURT DIVORCE REVIEW 11/95

BETWEEN:

TERAOI BONTIO
Petitioner

AND:

TEWIA TOKITOKI
Respondent

JUDGMENT ON REVIEW

Magistrates hearing petitions for divorce should be fully conversant with the provisions of the Native Divorce Ordinance (Cap. 60).

In this case, the proceedings before the Magistrates' Court were unsatisfactory for a number of reasons.

To begin with, there was no evidence upon which the court could have satisfied itself that both the petitioner and respondent were domiciled in the Republic of Kiribati or that the petitioner was ordinarily resident within the jurisdiction of the court. Without such evidence, the court had no power to hear the petition (Section 5(1)).

Next, the petition was not based upon any of the prescribed grounds for divorce set out in Section 4.

Finally, there was no proof at all that the parties had ever married. They did not give any evidence that a marriage had taken place and a marriage certificate was not produced.

Accordingly, the order of the Magistrates' Court granting a decree nisi is set aside and the case is remitted for rehearing.

THE HON R LUSSICK
Chief Justice

(31/08/95)