Don Pomb Pullie Polye v Jimson Sauk Papaki and Electoral Commission of Papua New Guinea
Jurisdiction | Papua New Guinea |
Judgment Date | 24 November 1999 |
Citation | (1999) SC643 |
Year | 1999 |
Court | Supreme Court |
Judgement Number | SC643 |
Supreme Court: Sheehan J, Jalina J, Sawong J
Judgment Delivered: 24 November 1999
SC643
PAPUA NEW GUINEA
[In the Supreme Court of Justice]
SCR 22 of 1999
BETWEEN:
DON POMB PULLIE POLYE
Petitioner
AND:
JIMSON SAUK PAPAKI
First Respondent
AND:
ELECTORAL COMMISSION OF
PAPUA NEW GUINEA
Second Respondent
Waigani: SHEEHAN, JALINA,
SAWONG, JJ.
1999: 24th November
Jurisdiction — application for Court to review error — application shown to reargue issues — abuse of process.
Mr A. Kwimberi for the Applicant
Mr G. Sheppard for the First Respondent
Mr A. Kongri for the Second Respondent
DECISION
BY THE COURT: We have considered this matter and are unanimous that the appeal is not only incompetent but an abuse of process. We now give reasons for this decision.
The decision that the Applicant Don Pomb Pullie Polye seeks to revisit was a finding by this Court that the Applicant whose name did not appear at all on the Electoral Roll for the Kandep Open Electorate was not eligible to stand as a candidate for that Electorate in the 1997 National Election. Further although he did stand as a candidate, when he failed to be elected he was not eligible or entitled to bring a petition as a candidate under that name to challenge the election. Simply stated, the decision was that if you have one name on electoral roll you can not vote or stand for Parliament in another.
The Applicant now asks this Court to review that decision because although pleading that the...
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Review Pursuant to the National Constitution; In the Matter of the Organic Law on the Nomination of Governor–General and In the Matter of an Application to Recall and Review a Supreme Court Decision in Relation to the Nomination of Governor General of Papua New Guinea; Application by Sir Pato Kakaraya; Sir Pato Kakaraya v Sir Albert Kipalan, Ila Geno, Chief Ombudsman, The National Parliament, Jeffrey Nape—Acting Speaker of National Parliament, Ano Pala, Clerk of National Parliament, The National Executive Council and The Rt Hon Sir Michael Somare, Prime Minister (2004) SC752
...Yakham v Stuart Merriam [1998] PNGLR 555, David Lambu v Peter Ipatas (No 4) [1999] PNGLR 634, Don Pomb Pullie Polye v Jimson Sauk Papaki (1999) SC643, SC Review No 4 of 1990; Application by Wili Kili Goiya [1991] PNGLR 170, Richard Dennis Wallbank and Jeannette Minifie v The Independent Sta......
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Slip Rule Application; Review Pursuant to Constitution s155(2)(B) of a Judicial Act of The National Court Re an Election Petition for the Tari-Pori Open Electorate; James Marabe v Tom Tomiape Electoral Commission (No 2) (2007) SC856
...of 1999; Re Lambu v Ipatas, Konu and the Electoral Commission (1999) SC645 SCR No 22 of 1999; Re Polye v Sauk and The Electoral Commission (1999) SC643, 24.11.99 SCR No 23 of 2004; Re Nomination of Governor-General, Application by Sir Pato Kakaraya (2004) SC752 SCR No 3 of 1999; Special Ref......
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Unasi Martin and Others (all infants) as next friend and Serah Martin for herself and others (all infants) as next friend v Motor Vehicles Insurance (PNG) Trust (2007) SC896
...Imambu Alo v MVIT [1993] PNGLR 1; Chief Inspector Robert Kalasim & The State v Aina Mond & Ors SC828; Don Pomb Polye v Jimson Sauk Papaki (1999) SC643 ___________________________ DECISION ON AN OBJECTION TO COMPETENCY 1 BY THE COURT.: The appellants brought proceedings against the responden......
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Porgera Joint Venture and Placer (PNG) Limited v Joshua Siapu Yako for himself and on behalf of the members of his Wapini Sub Clan (2008) SC916
...the parties or their privies so that there is an issue estoppel or res judicata; See for example Don Pomb Polye v Jimson Sauk Papaki (1999) SC643 (Sheehan, Jalina and Sawong JJ); 3. the appeal has been filed outside the statutory time limit: See for example Jeffrey Balakau v Ombudsman Commi......
-
Review Pursuant to the National Constitution; In the Matter of the Organic Law on the Nomination of Governor–General and In the Matter of an Application to Recall and Review a Supreme Court Decision in Relation to the Nomination of Governor General of Papua New Guinea; Application by Sir Pato Kakaraya; Sir Pato Kakaraya v Sir Albert Kipalan, Ila Geno, Chief Ombudsman, The National Parliament, Jeffrey Nape—Acting Speaker of National Parliament, Ano Pala, Clerk of National Parliament, The National Executive Council and The Rt Hon Sir Michael Somare, Prime Minister (2004) SC752
...Yakham v Stuart Merriam [1998] PNGLR 555, David Lambu v Peter Ipatas (No 4) [1999] PNGLR 634, Don Pomb Pullie Polye v Jimson Sauk Papaki (1999) SC643, SC Review No 4 of 1990; Application by Wili Kili Goiya [1991] PNGLR 170, Richard Dennis Wallbank and Jeannette Minifie v The Independent Sta......
-
Slip Rule Application; Review Pursuant to Constitution s155(2)(B) of a Judicial Act of The National Court Re an Election Petition for the Tari-Pori Open Electorate; James Marabe v Tom Tomiape Electoral Commission (No 2) (2007) SC856
...of 1999; Re Lambu v Ipatas, Konu and the Electoral Commission (1999) SC645 SCR No 22 of 1999; Re Polye v Sauk and The Electoral Commission (1999) SC643, 24.11.99 SCR No 23 of 2004; Re Nomination of Governor-General, Application by Sir Pato Kakaraya (2004) SC752 SCR No 3 of 1999; Special Ref......
-
Unasi Martin and Others (all infants) as next friend and Serah Martin for herself and others (all infants) as next friend v Motor Vehicles Insurance (PNG) Trust (2007) SC896
...Imambu Alo v MVIT [1993] PNGLR 1; Chief Inspector Robert Kalasim & The State v Aina Mond & Ors SC828; Don Pomb Polye v Jimson Sauk Papaki (1999) SC643 ___________________________ DECISION ON AN OBJECTION TO COMPETENCY 1 BY THE COURT.: The appellants brought proceedings against the responden......
-
Porgera Joint Venture and Placer (PNG) Limited v Joshua Siapu Yako for himself and on behalf of the members of his Wapini Sub Clan (2008) SC916
...the parties or their privies so that there is an issue estoppel or res judicata; See for example Don Pomb Polye v Jimson Sauk Papaki (1999) SC643 (Sheehan, Jalina and Sawong JJ); 3. the appeal has been filed outside the statutory time limit: See for example Jeffrey Balakau v Ombudsman Commi......