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Eriuta v Attorney General iro Ministry of Education [2011] KIHC 50; Civil Case 24 of 2011 (19 April 2011)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

HIGH COURT CIVIL CASE 24 OF 2011

BETWEEN:

MRS MEERE ERIUTA
PLAINTIFF

AND:

THE HON. ATTORNEY GENERAL iro MINISTRY OF EDUCATION
DEFENDANT

FOR PLAINTIFF: BANUERA BERINA
FOR DEFENDANT: TUMAI TIMEON
Date of Hearing: 19 April 2011

JUDGMENT

This is an application to strike out the Writ of Summon on the ground that the named defendant, that is 'THE HON ATTORNEY GENERAL' is contrary to section 13 of the Proceedings By and Against the Republic Ordinance, Cap 76A.

Section 13 states that "Except where otherwise expressly provided by some other written law, civil proceedings by or against the Republic instituted under the provisions of this Ordinance shall be instituted by or against the Attorney-General."

Ms Timeon, counsel for the Defendant argues that the use of the word 'Honourable' before Attorney General contravenes section 13 as it signifies a different capacity of the Attorney General being a Member of Parliament whereas Attorney General alone refers to a position in the Office of the Attorney General. The basis of this argument is that the 'Honourable Attorney General' and the 'Attorney General' are different capacities and any case against the Republic should be in the name of the Attorney General.

Mr Berina, on the other hand, argues otherwise, that the name Hon Attorney General refers to the same person, that is, the Attorney General. The use of the word 'Honourable' signifies a title of respect. The same person is still being sued.

After considering arguments from both sides, I am inclined to follow Mr Berina's argument. The 'Honourable Attorney General' and the 'Attorney General' is one and the same person. The use of the word Honourable does not incapacitate a claim against the Republic, the Republic is still being sued in this action.

Out of respect, to avoid any future controversies the use of the word Honourable or Hon before Attorney General should be avoided.

The application to strike out the Writ of Summon is hereby dismissed. Case is to proceed as normal.

Order accordingly.

Dated 19 April 2011.

Tetiro M Semilota
Commissioner