Abetenoko v Attorney General [2023] KIHC 18; Civil Case 45 of 2016 (22 August 2023)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CIVIL CASE 45 OF 2016

BETWEEN:
ETEI ABETENOKO Applicant

AND:
ATTORNEY GENERAL
Respondent

Date of Hearing: 22 AUGUST 2023
Date of Judgment: 22 AUGUST 2023

Appearances: Ms. Batitea Tekanito for the Applicant
Ms. Fuatino Noa for the Respondent

JUDGMENT

1. The application concerns transferring a case from Arorae Magistrate Court to South Tarawa Magistrate Court. The application is filed by way of Originating Summons, and this Court is requested to approve the transfer of the case from Arorae Magistrate Court to South Tarawa Magistrate Court.
   
2. The application relies on sections 37 of the Magistrate Court Ordinance, which is listed below;
   

Section 37: ‘A magistrate court, may, of its own motion or on the application of any person concerned, report to the Chief Justice the pendency of any cause or matter which in the opinion of the presiding magistrate in such magistrate court ought to be transferred from it to any other magistrate court or to the High Court; and the Chief Justice may by order direct in what mode or where the cause or matter shall be heard and determined.’

3. After reading the above provision, it is clear that the matter may be reported if its pendency before such magistrate court is that it should be transferred to another magistrate court. Since this matter has yet to be listed or filed before Arorae Magistrate Court, there is no case to transfer, which means the above provision is not applicable.
   
4. The application is dismissed. No order as to cost.
   
5. Order accordingly.
   

THE HON TETIRO SEMILOTA MAATE MOANIBA
Acting Chief Justice