In re Ex parte Application by Bunnao Araniko [2013] KIHC 16; Civil Review 3-12 (2 April 2013)

IN THE HIGH COURT OF KIRIBATI 2013

CIVIL REVIEW NO. 3 OF 2012

REVIEW OF CIVIL CASE 168/2012
(EX PARTE APPLICATION BY BUNNAO ARANIKO)

Before: Hon Chief Justice Sir John Muria

2 April 2013

DECISION ON REVIEW

Muria CJ: The applicant before the Magistrates' Court was the wife of the deceased, Araniko Erekana. She sought and was granted the sum of $3,204.15, the monetary estate of her late husband Araniko Erekana (deceased).

The applicant and deceased had a child, Jane Mitiren (17 years) who was said to have consented to her mother receiving the whole of the deceased's monetary estate. The Single Magistrate accepted the evidence of the applicant and granted the order in favour of the applicant.

This application seeks to set aside the Magistrate's order and have the matter re-heard with a view to enabling the daughter to be separately advised or have some proof produced as to her consent for her mother to obtain the whole of the deceased's monetary estate.

Whilst separate legal advice or representation may be advisable in a case such as this, the circumstances of the particular case will have to be considered by the Court. This is not a case of a child of very tender age or a child who was not able to reason or speak for himself or herself. There is no dispute that the daughter in this case was 17 years old and at that age she was capable of giving her mother consent to apply for the grant of her deceased father's monetary estate.

The mother's evidence before the Magistrates' Court was that her daughter consented to the application to enable her to obtain the money for the purpose of investing it to help meet her (daughter) schooling expenses. In my view, the Magistrate was entitled to make the order that the money be granted to the mother to enable her to invest it to help meet her daughter's educational expenses.

Viewing the case as a whole, I feel the order made by the Magistrate was a proper order to make and I decline to disturb it.

Order made by the Magistrate on 13 January 2012 affirmed.

Dated the 2nd day of April 2013

SIR JOHN MURIA
Chief Justice