Miki Kaeok v Rimbink Pato and Masket (2005) SC877

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 02 September 2005
• Citation: (2005) SC877
• Docket Number: SCR NO 12 OF 2004
• Year: 2005

Full Title: SCR NO 12 OF 2004; Miki Kaeok v Rimbink Pato and Masket (2005) SC877

Supreme Court: Sakora, Lenalia and Manuhu, JJ

Judgment Delivered: 2 September 2005

RULING

GENERAL ELECTIONS—National Parliament—Review of decision of Court of Disputed Returns—Application to dismiss - Due diligence in prosecution of review.

PRACTICE AND PROCEDURE—Supreme Court Election Petition Review Rules—Application to dismiss - Due Diligence in prosecution—Application made when ex parte directional orders addressing the question of delay already in place—Application made without challenging ex parte directional orders.

No cases were cited in the judgment.

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1. BY THE COURT: This is an application by the First Respondent which was made pursuant to Sub Division 11 Rule 23(1) of the Supreme Court Election Petition Review Rules (“Rules”) for the Supreme Court Review to be dismissed for want of prosecution.

2. The application arises out of a successful election petition by the Respondents where the trial court on 18 February 2004 adjudged that the election result of the Wapenamanda Open Seat, which returned the Applicant as the duly elected member, null and void; and a by-election must be held for the election of new member. The Applicant is seeking a review of that decision, and this application is pursued on the basis of failure to prosecute that review.

3. Rule 23...