THE SUPREME COURT OF THE
FEDERATED STATES OF MICRONESIA
TRIAL DIVISION
Cite as Kosrae v. Kingdom of Tonga ,
9 FSM Intrm. 522 (Kosrae 2000)
STATE OF KOSRAE,
Plaintiff,
vs.
THE GOVERNMENT OF THE KINGDOM OF
TONGA (TONGA DEFENCE SERVICES) and
CAPTAIN P. F. MATOTO,
Defendants.
CIVIL ACTION NO. 1999-2002
ORDER AND MEMORANDUM
Martin Yinug
Associate Justice
Decided: June 28, 2000
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HEADNOTE
Civil Procedure ) Dismissal; International Law; Sovereign Immunity
A suit over an incident involving a foreign vessel, will not be dismissed when the vessel was engaged in commercial activity, and not in sovereign acts. Kosrae v. Kingdom of Tonga, 9 FSM Intrm. 522, 523 (Kos. 2000).
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COURT'S OPINION
MARTIN G. YINUG, Associate Justice:
The court having received no response from the Department of Foreign Affairs as requested by the order and memorandum of April 6, 2000 [Kosrae v. M/V Voea Lomipeau, 9 FSM Intrm. 366, 373-74 (Kos. 2000)], the defendants' motion to dismiss filed on March 14, 2000, is denied for the reasons set out at note 4 in the memorandum [Id. at 373 n.4], it appearing that the vessel was engaged in commercial activity, and not in sovereign acts, when the incident complained of took place.