Turekau v Tianuare [2010] KIHC 32; Civil Appeal 03 of 2010 (9 March 2010)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION

High Court Civil Appeal 3 of 2010

HELD AT BETIO
REPUBLIC OF KIRIBATI

BETWEEN:

NIKOIA TUREKAU
Appellant

AND:

TUREKAU TIANUARE
Respondent

For the Appellant: Ms Elsie Karakaua
For the Respondent: Ms Maere Kirata

Dates of Hearing: 9 March 2010

JUDGMENT
(Ex Tempore)

Appeal against the decision of the Single Magistrate that the appellant pay $50 per fortnight for the maintenance of the respondent, her father and damages of $2,999.00 for the father’s "humiliation while staying at other people’s homes".

There was no legal basis for the award of damages on the grounds of humiliation so that part of the judgment is to be quashed.

It appears that unhappy differences arose in the family leading to the father leaving the place where he had been living with his daughter and her family. He then took proceedings against his daughter for maintenance. She did not turn up at Court to defend the claim and the Single Magistrate made the order. The appellant now complains that she cannot possibly afford to pay $50.00 out of her earnings. She has no one to blame but herself for the order being made and on appeal that part of the Single Magistrate’s decision will not be disturbed. If the appellant wishes to have the amount varied she may apply under s.6 of the Maintenance Ordinance. If she does apply I suggest strongly that she should go to the Court on the day and time appointed to present her case.

Appeal allowed to the extent of quashing the Single Magistrate’s order for the payment of $2,999.00 damages by the appellant to the respondent.

THE HON ROBIN MILLHOUSE QC
Chief Justice