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Iosefa v Attorney General [2008] KIHC 20; Civil Case 106 of 2008 (22 July 2008)

In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

High Court Civil Case 106 of 2008

Between:

Pine Iosefa
Plaintiff

And:

Attorney General for Electoral Officer for Betio District
Defendant

For the Plaintiff: Mr Banuera Berina
For the Respondent: Mr David Lambourne, Solicitor General

Date of Hearing: 22 July 2008

JUDGMENT
(Ex Tempore)

This is a most unfortunate situation. The plaintiff intended to stand as a candidate in the southern ward for election to the Betio Town Council. For the purposes of argument this morning the facts are assumed to be as set out in the Statement of Claim. The plaintiff checked with the Electoral Officer for the Council that pursuant to S.12(1) of the Election Ordinance it was alright for one of his three nominators to be registered not in the southern but in the northern ward: he was told it was alright. When nominations closed on 30 June his nomination was refused because one of his three nominators was not registered as a voter in the southern ward.

Counsel and I have discussed the situation in open court. Although we are sympathetic to the plaintiff we are stuck with the provision of S.12(1) and can find no way round it. That being so I am not able to grant any relief. The election will have to go ahead without the plaintiff as a candidate. Whether that will lead to any consequences after the election remains to be seen.

The Court in any case will be able later to consider the plaintiff’s claim against the Republic for misrepresentation. That claim is adjourned to allow pleadings to be completed.

THE HON ROBIN MILLHOUSE QC
Chief Justice