-Attorney General signals ‘strike off’ and ‘security for cost’ on the claimants in judicial review claim
-Claimants told to file sworn statements yesterday, respondents today
BY MELVILLE TITIULU
The case between the majority opposition coalition and the prime minister is set to return tomorrow, Thursday after it was heard at the High Court yesterday.
The claimants were told to file their sworn statements yesterday, and the respondents to file their sworn statements by close of business today.
Chief Justice Sir Albert Palmer yesterday at the High Court Courtroom 1, heard a direction hearing into the Judicial Review claim filed by the majority opposition coalition against Prime Minister, Jeremiah Manele regarding the current political impasse.
Claimants legal counsel, John Taupongi, told the court he was not aware of the fact that other counsels would be joining in. He informed the court that he had filed the sworn statement of Fedrick Kologeto at the High Court Registry and has uploaded it to Justice Information Management Systems (JIMS) online portal.
Counsel Gabriel Suri, James Ronnie Kaboke and Francis Waleanisia who all represented the claimants raised issues as to the need to file sworn statements in support of the JR claim.
The Attorney General John Muria in response, told the court, that the Civil Procedure rules were not complied with on the legal basis that the rules make it mandatory that the claim for Judicial Review must have a supporting sworn statement given that the matter had already commenced in court.
The Chief Justice told the AG that the court appreciated the concerns raised and the significance of timely priority given to the matter.
Therefore, very high priority must be given for compliance, and sworn statements has to be filed and issues directions to progress the matter quickly.
Mr Muria also took time to inform the court of his intentions to make an application for security cost requiring all nine claimants to make a deposit each of $20,000- to $40,000- for each claimant to pay with payments to be deposited to the courts account. This will cover costs in an event the claimant losses its case.
The AG further informed the claimants legal counsels of his intention of filing for an application to strike off the JR claim.
He also raised the issue of Lack of Locus Standi- the AG was of the view that the Claimant lacks the legal right (standing) to file the JR Claim.
Counsel Gabriel Suri who represented the second claimant (leader of Opposition) told the court that all rely on the same Claim for JR.
As to the issue of Security for cost, Mr Suri asked the AG to disclose the legal basis for security of cost.
Mr Muria told the Court, the legal basis for security of cost lies in the importance of the matter involving nine claimants who represented political parties. Thus, security of cost would ensure the defendants position is protected.
The Attorney General demanded that all of the nine claimants to file a sworn statement each with a total of nine sworn statements to be filed by close of business yesterday (Tuesday, March 31).
Counsel Taupongi made it clear that the wording in the civil procedure code provides that a JR claim must file at least a supporting sworn statement to it. Thus, it is not mandatory to file a total of nine sworn statements in support of JR claim as claimed by the AG.
In the meantime, the court directed that the claimants to file their sworn statements by close of business yesterday.
The Respondents to file their sworn statements by close of business on Wednesday, April 1.
The matter was adjourned to Thursday, April 2, for further mention and for the court to consider listing of the application.
Counsels, John Taupongi, Gabriel Suri, James Ronnie Kaboke, Francis Waleanisia represented the claimants and the AG- John Muria with his legal team represented the named Respondant’s in this matter.
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