Takai Kapi v Daniel Don Kapi and Electoral Commission

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Citation: (1998) SC570
• Year: 1998
• Date: 07 October 1998

Supreme Court: Los J, Salika J, Kirriwom J

Judgment Delivered: 7 October 1998

1 Application to review—undue delay—abuse of process—attempt to rely on matters not raised at the trial—res judicata—issue estoppel.

2 TST Holdings Pty Ltd v Tom Pelis (1997) SC534, Titi Christian v Rabbie Namaliu (1996) OS No 2 of 1995, Kean v Kerby (1920) 27 CLR 449 and Yoshua Y Avini v The State (unreported judgment SCR 47 of 1998 dated 5 June 1998) referred to

3 Organic Law on National and Local–level Government Elections, s46(4) referred to

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By the Court: Takai Kapi applies to review the decision of the court of disputed return in EP No 75 of 1997 where he was the First Respondent in the Proceedings. That petition was taken out by the runner up Daniel Don Kapi. The issue that determined the petition was whether he, Takai Kapi, was eligible to vote hence was also eligible to stand for Wabag Open Electorate. The trial court found that as Takai Kapi had taken sufficient steps to enroll himself he had satisfied the procedure under s58 of the Organic Law. That is he was qualified to vote hence he was also qualified to be...