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Filipo v Pulela [2003] TVHC 29; HC Civil Case No 26 of 2003 (26 September 2003)

IN THE HIGH COURT OF TUVALU

CIVIL JURISDICTION

Case No. 26/03

BETWEEN:

LITELI FILIPO
Appellant

AND:

MANATU PULELA
Respondent

Before Chief Justice Ward-

James Duckworth for the Appellant
Manatu Pulela in person

Hearing: 25^th/26^th September 2003

The Appellant and Respondent were husband, and wife. They were divorced by the Resident Magistrates Court on 8th March 2002. As part of that decision, the Magistrate ordered that maintenance of A$30 per month be paid until re-marriage or other order. At the time of the hearing, the Appellant was on Funafuti whereas the Respondent was on Nanumaga Island. The Respondent was not present at Court.

The Appellant appealed pursuant to section 39(1) Magistrates Courts Act - Cap 2 against the decision to award maintenance and for a re-hearing of that issue on the ground that the Appellant was not able nor had the opportunity to cross examine the Respondent on the letter that she had sent and deal with the issues that had been raised.

The Respondent explained that she was not in attendance but had written a letter to explain what she wanted. No maintenance was ever received. She has since re-married.

Judgment:

It is important that the Appellant had a right to ask questions of, and cross examine the Respondent. The fact that the parties are on separate islands makes it difficult for this to be heard. However, procedures must be followed and a right to examine needs to be given.

On due consideration:

1. Appeal allowed;

2. Case remitted to hearing by the Magistrate for hearing de novo;

3. Case listed with due expedition to enable the matter to be heard before the Respondent returns to Nanumaga.

THE COURT.