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Tawaia v Nanolelei Cooperative Society Ltd [2010] KIHC 132; High Court Civil Case 144 of 2010 (3 December 2010)

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

High Court Civil Case 144 of 2010

Between:

Binataake Tawaia
Plaintiff

And:

Nanolelei Cooperative Society Ltd
(Nanolelei CS)
Defendant

For the Plaintiff: In Person
For the Defendant: Ms Taoing Taoaba

Date of Hearing: 22 November 2010

JUDGMENT

The plaintiff, Mr Binataake Tawaia, was appointed secretary of the defendant Cooperative in 2005. In 2006 after a change in membership of the Committee of the Cooperative he was dismissed.

He has since complained many times that he has not received justice.

He appealed to the Registrar of Cooperatives who considered his case but dismissed the appeal. Under the Cooperative Societies Ordinance that is that. S.52(1):-

52(1) If any dispute touching the business of a registered society arises such dispute shall be referred to the Registrar for decision; .....

(4) A decision of the Registrar under subsection (2) ----- shall be final and shall not be called in question in any civil court. .....

That provision in the Ordinance deprives the Court of jurisdiction to consider the matter.

Mr Tawaia has accepted that but has always argued that his employment does not touch the business of the defendant so the Court may entertain an appeal. Yet employment and the business of the Cooperative are so intimately connected that employment must be regarded as a part of its business.

Mr Tawaia has put the same argument several times to the Court
(HCCC 29/06, HCCC 05/08 and HCCC 161/08) and each time, after consideration of his arguments, I have had to reject them.

Even though the matter is now res judicata Mr Tawaia has brought this action in another attempt. As I undertook in Court to do I have again carefully considered Mr Tawaia's arguments but have come to the same conclusion. For two reasons, because I reject the plaintiff's argument that employment does not touch the business of the defendant and because the matter is res judicata, the action must be dismissed.

Dated the 3rd day of December 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice