Tenanoa v Reeba [2006] KIHC 32; Civil Appeal 04 of 2005 (23 February 2006)

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

High Court Civil Appeal No. 4 of 2005

Between:

ARIREI TENANOA
Appellant

And:

ABENATI REEBA
Respondent

For the Appellant: Mr Karotu Tiba
For the Respondent: Mr Aomoro Amten

Date of Hearing: 23 February 2006

JUDGMENT
(Ex Tempore)

This is an appeal from the Magistrates on North Tarawa in a defamation case. Two ladies had an argument in the course of which the appellant accused the respondent of dishonest of dealings over copra. The magistrates found these allegations to be untrue and their finding, being one of fact, stands. However there was no evidence given that anyone else heard what was said: there is no evidence of publication. Publication to a third party is essential if a defamation action is to succeed. So one element necessary to prove the respondent’s case is missing.

Besides, these accusations were hurled at the respondent in the heat of an argument between two people. I doubt whether what was said in those circumstances could found an action even if a third party had overheard. The judgment cannot stand.

I may add that if I had found for the respondent I would have been inclined to reduce the damages awarded. The magistrates awarded $500: that seems far too much. $100 might have been a more appropriate amount.

The appeal is allowed and the judgment given on 13 January 2004 is quashed.

THE HON ROBIN MILLHOUSE QC
Chief Justice