Republic v Mereia [2020] KIHC 2; Civil Appeal 3 of 2019 (25 February 2020)

IN THE HIGH COURT OF KIRIBATI 2019

CIVIL APPEAL NO. 3 OF 2019

[THE REPUBLIC APPELLANT
[
BETWEEN [AND
[
[MEREIA FOR KUC
[MOOTE FOR KPC RESPONDENTS

Before: The Hon Chief Justice Sir John Muria

25 February 2020

Ms Kanrooti Aukitino for Appellant
Mr Banuera Berina for Respondents

JUDGMENT

Muria, CJ: The Republic has appealed against the decision of the Magistrates’ Court of Onotoa made on 11 April 2019. There are two grounds of appeal namely that:

(1) The learned Magistrates error in law and in fact in not taking into account the urgency of the application; and

(2) The learned Magistrates error in law and in fact in rejecting or not considering the application but adjourn the hearing of the application pending the outcome of another case which has no connection with the application.

2. The appeal arose out of a dispute between the members of KUC and KPC in early April 2019. The dispute was in connection with the use of the Maneaba, Rest House and Minister’s Residence in Onotoa. Both parties claimed to have the rights to the said properties.

3. The dispute came before the Magistrates’ Court on 11 April 2019 at which time the Magistrates’ Court was not prepared to issue interim restraining order since both parties were entitled to use the maneaba concerned. It was on
13 April 2019, the Magistrates’ Court issued the order whereby the parties were restrained from entering and using other parts of the disputed premises as well.

4. On 12 April 2019, the Republic filed an appeal against the decision of the Magistrates’ Court made on 11 April 2019 in which the Magistrates’ Court refused to make interim restraining order. However the next day, 13 April 2019, the Magistrates’ Court issued an interim injunction order closing off that part of the Maneaba used by the LMS from the KPC and that the KPC not to enter and not to use that part of the premises used by the LMS. The police were ordered to keep the peace and enforce the Order made on 13 April 2019.

5. On 15 April 2019, Mr Mweretaka from the Office of the Attorney-General wrote to the Chief Registrar advising of the Republic’s intention to appeal against the decision of the Magistrates’ Court made on 11 April 2019. Having filed the appeal, the Republic applied to the High Court for and were granted interim restraining order restraining both the KUC and KPC and their members from using the Maneaba at Kotene pending the determination of this appeal. The High Court Order superceded the Magistrates’ Court Order of 13 April 2019.

6. Although the Magistrates’ Court was reluctant to issue restraining order on 11 April 2019 because of the view that both KUC and KPC were entitled to use the Maneaba for church services, it did make an order on 13 April 2019 by issuing an interim order in the terms set out above.

7. I do not think it is correct to say that the Magistrates’ Court was wrong for refusing to make an interim restraining order on 11 April 2019 in this case for the reasons it gave. However, the Magistrates’ Court made an interim restraining order on 13 April 2019, although of a limited nature. The High Court then stepped in and issued the restraining order on 16 April 2019, which superceded the Magistrates’ Court’s order of 13 April 2019. There is no appeal against the Magistrates’ Court’s order made on 13 April 2019.

8. In those circumstances, the Republic’s appeal no longer serves any useful purpose. Accordingly, it is struck out.

Dated the 25^th day of February 2020

SIR JOHN MURIA
Chief Justice