Tekea v Tirouea [2013] KIHC 37 (8 November 2013)

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

BETWEEN:

RIINI TEKEA
APPLICANT

AND:
ITIVI TIROUEA
1ST RESPONDENT

AND:
AG IRO MINISTRY OF INTERNAL AND SOCIAL AFFAIRS
2ND RESPONDENT

FOR APPLICANT: ELSIE KARAKAUA
FOR 1ST RESPONDENT: NO APPEARANCE
FOR 2ND RESPONDENT: BIRIMAKA TEKANENE
DATE OF HEARING: 10 OCTOBER 2013

JUDGMENT

The hearing 'on the preliminary issue is conducted today. The issue, as raised by the second respondent is as follows;

'Can the Attorney General be named a party to this proceeding?'

A Brief background of the case is that the attorney General; for the Ministry of Internal and Social Affairs is being sued for the decision of a late assessor concerning a registration of birth of the first respondent. The first respondent was the only informant and the hearing resulted in the registration of the applicant as the biological mother of the first respondent. The applicant disputed this decision hence this application.
Having heard submissions from both Counsels and having seen the High Court Civil Appeal 6 of 2012, whose decision was upheld by the Court of Appeal the relevant part of the decision is as follows: .

'It is unconstitutionally wrong to name the Attorney General as representing any judicial body as if that body were a branch of executive government'

The application of the second respondent to have the matter against it struck out is hereby granted.

Order accordingly.

Dated 8 November 2013.

......................
TETIRO M SEMILOTA
COMMISSIONER OF THE HIGH COURT