Mariano v Ioteba [2001] KIHC 26; Civil Appeal 09 of 2000 (11 April 2001)

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

High Court Civil Appeal 9 of 2000

Between:

TAMOA MARIANO
Appellant

And:

RAETARA IOTEBA
Respondent

For the Appellant: Mr Neil Allen
For the Respondent: Ms Taoing Taoaba

Date of Hearing: 11 April 2001

JUDGMENT
(Ex Tempore)

This is a defamation action. The Magistrates found against the appellant and made an award of $3,000 damages in favour of the respondent. The only ground of appeal which Mr Allen for the appellant pursued is the amount of the award.

At first Mr Allen told me that his client, a widow, lived a subsistence lifestyle with an income of $2-3 per week. This was challenged by Ms Taoaba for the respondent. When Mr Allen took further instructions it seems that his client has quite a good income from a shop and selling toddy and could pay $10.00 per week in satisfaction of damages.

Mr Allen argued that the award is manifestly excessive. So it is. Mr Allen said the usual award in such a case is between $150-$200. Ms Taoaba reminded me that her client received injuries as a result of her husband fearing the allegations might be true. She said $200 would not be sufficient to compensate her client. This is an action for defamation and nothing else. The Court should not take into account any other consequences on the respondent by a third person.

The Magistrates may also have been influenced by the fact that several times the appellant neglected to come to Court. The Magistrates may have increased the damages because of that. If so, they should not have done so. Damages are not like a fine, meant to punish a wrongdoer. The only consideration for the magistrates was what was a proper amount to compensate the respondent for the defamation, the insults and untrue things said about her.

The appeal is allowed to the extent of reducing the damages from $3,000 to $200.

The damages are to be paid at the rate of $10.00 on each pay Friday: the first payment to be made on 20 April. The appellant to make each payment to the accounts clerk in the High Court Registry at Betio.

THE HON ROBIN MILLHOUSE QC CHIEF JUSTICE