Bakabane v Atauea [2004] KIHC 273; Civil Case 75 of 2003 (17 December 2004)

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

High Court Civil Case 75 of 2003

IN THE MATTER OF THE ELECTION ORDINANCE CAP. 23B AND THE ELECTIONS OF THE COUNCILLOR FOR ABATAO WARD NORTH TARAWA

Between:

TEBAKIA BAKABANE
Petitioner

And:

ABERA ATAUEA
Respondent

For the Petitioner: Ms Taoing Taoaba
For the Respondent: Mr Aomoro Amten

Date of Hearing: 17 December 2004

JUDGMENT
(Ex Tempore)

This is an election petition protesting the election of the respondent Abera Atauea as representing Abatao Ward in the Eutan Tarawa Council. The election was on 18 September 2003. These reasons should be read together with the reasons in HCCC 69/03, Tatake Toone et anor vs Tebabane Beia.

One hundred and forty-eight votes were cast in the Ward and Abera was declared elected with 76. One half of 148 is 74. To be declared elected he had needed 75 votes. It follows that if more than one of the six registrations complained of were invalid then the election must be void. The only witness for the respondent – I having earlier heard the petitioner’s case on South Tarawa – was the respondent himself.

Mr Amten led him through the places of residence at the time of registration of the six persons whose registration was challenged. Abera honestly conceded that Betero Eria was not living at Abatao at registration. He was not sure about four of the other five so that I could not find that they were living at Abatao at registration.

It follows that Abera may have had less than 75 votes.

His election must be declared void and fresh election for the ward held.

THE HON ROBIN MILLHOUSE QC
Chief Justice