Ueara v Mwakanga [2009] KIHC 19; Civil Appeal 8 of 2009 (1 June 2009)

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

High Court Civil Appeal 8 of 2009

BETWEEN:

MATANG UEARA
APPELLANT

AND:

TAAWE MWAKANGA
RESPONDENT

For the Appellant: Mr Banuera Berina
For the Respondent: Sr Bernadette Eberi

Date of Hearing: 1 June 2009

JUDGMENT
(Ex Tempore)

This is a maintenance claim. The respondent, the mother of the appellant’s eight children and his estranged wife went to the Magistrates’ Court claiming maintenance. The appellant was served with notice of hearing, as the minutes shew, but did not turn up at the hearing.

The Single Magistrate quite properly heard the claim. It seems that all she knew of the appellant’s circumstances were that he was earning $330.60 per fortnight. She made an order that he pay $200 per fortnight maintenance. The appellant now complains that his situation - his obligations to a new wife and family and so on – was not taken into account. Nor did the Court take it into account but that was because he did not appear to put his situation, his side of the case. Although the Court has little sympathy for the appellant he should be given another chance to put evidence and argument to the Court. Only on condition, though, that he complies with the order already made against him unless and until it is varied in the Magistrates’ Court.

The appeal is allowed and the case sent back to the Magistrates’ Court for a review of the amount of maintenance awarded to the respondent. Such review is only to be made provided the appellant has abided by the present order and the Magistrates’ Court is satisfied that his payments are up to date and continue up to date until the present order is varied.

THE HON ROBIN MILLHOUSE QC
Chief Justice