BY MELVILLE TITIULU
The High Court will resume on Saturday (April 4) at 10am over the case between the majority opposition coalition and government.
Court has not yet heard the main matter of public interest – which is the legal challenge by the opposition coalition that the Prime Minister has failed to advise the Governor General to call parliament while government is ruling with a minority.
Court however is first settling minor issues with the case.
On Saturday Chief Justice Sir Albert Palmer is expected to deliver his ruling on the ‘application for cost’ filed by the respondents and the ‘Joinder application’.
These two applications were deliberated by parties at the High Court today (April 2).
Application for security cost was filed today by the Attorney General’s (AG) legal team. It was accompanied with three supporting sworn statements as deposed by the Prime Minister, the Speaker of Parliament and Secretary for the Governor General.
It seeks a security cost of $30,000 – to be imposed on each claimant (nine in total).
The AG said the claimants’ judicial review (JR) claim lacks legal standing thus weak and speculative in nature, therefore should be struck out.
Claimants questioned how the AG came up with $30,000 figure, suggesting a security for cost much lower than that figure as more accurate and appropriate.
Claimants are of the view that their claim is constitutional in nature and not political as claimed by the AG. It seeks court’s determination on the express and implied powers of the GG to convene parliament.
The second application was the Joinder application. This was filed by the lawyer for Kadere Party, Barnabus Upwe.
Claimants’ lawyers questioned the legal basis for this application. They were of the view that it should be dismissed with cost on indemnity basis as it was an abuse of process.
Chief Justice Palmer will make a ruling and determination on the outcome of these two applications when the matter came for ruling on Saturday, April 4, at the High Court Courtroom 1.
Directions for the matter of public interest – which is the PM allegedly failing to advise the GG to call parliament – could be made known on Saturday following ruling on the above matters.
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