Kwong v Takabea [2010] KIHC 134; High Court Civil Appeal 29 of 2010 (2 December 2010)

In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

High Court Civil Appeal 29 of 2010

Between:

Temaua Kwong
Appellant

And:

Turere Takabea
Respondent

For the Appellant: Mr Raweita Beniata
For the Respondent: Ms Abunaba Takabwebwe

Dates of Hearing: 2 December 2010

JUDGMENT
(Ex Tempore)

Appeal from the decision of the Single Magistrate in a claim for the maintenance of four children, the parents having separated. The Single Magistrate in his judgment appears to have gone carefully into the facts from the evidence offered to the Court. Both parties had representation. If the appellant had wished he could have called more evidence as to his means to pay. That being so I am not at all sympathetic to Mr Beniata's submission that the Single Magistrate has not, as he is obliged by law to do, gone fully into the situation of the parties and each child. No one can fail to present relevant evidence and then complain that the Single Magistrate has not gone fully into the case.

This Court is always unwilling to disturb a decision especially in a maintenance case where the Single Magistrate appears to have gone carefully into the facts. It will disturb the decision if the Single Magistrate has made a mistake of fact or law. Despite Mr Beniata's submissions. There is no mistake here.

The Single Magistrate decided that the appellant should pay $35 per child per fortnight – a total of $140.00. The decision should stand. The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice