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By ELIZABETH
VUVU
THE Kimbe National Court has dismissed Joshua Giru’s fresh proceedings that he
was the lawfully appointed provincial administrator and ordered him to pay the
defendants costs of these proceedings.
Mr Giru was appointed by the National Executive Council as provincial
administrator for West New Britain. His appointment was challenged in court by
first defendant Willie Edo.
After a series of court proceedings, Mr Giru’s appointment was quashed and Mr
Edo now holds the position on an acting basis.
Mr Giru had commenced fresh proceedings against Mr Edo and the second defendant
as the WNB Governor Clement Nakmai.
Mr Giru sought a declaration that he was the lawfully appointed administrator
and argued that in the previous court proceedings, a number of important points
of law were not brought to the attention of the court.
He argued that the court order to appoint Mr Edo as acting provincial
administrator was unconstitutional.
Justice David Cannings, when passing down the judgment last Friday, said the
defendants (Edo and Nakmai) had been brought back into the court needlessly.
“These proceedings have been frivolous in the sense that the plaintiff (Giru)
abused the processes of the court and started a case that had little or no
chance of success,” he said.
Justice Cannings said the order of the court would be that:
l All of the plaintiff’s claims for relief are refused;
l The proceedings are dismissed;
l The orders of the National Court in its original summons made No. 438 of 2006
on Sept 11, 2006, remained in force that the appointment of Mr Giru as
administrator is quashed, and Mr Edo shall be acting provincial administrator
until the process of appointment is complete and a substantive appointment be
made;
l Previous order of the National Court in these proceedings, original summons
No. 281 of 2007, are discharged; and
l The plaintiff shall pay the defendants’ cost of these proceedings on a
party-party basis, to be taxed if not agreed, subject to a direction, if any,
under Order 22, Rule 65(1) (b) of the National Court Rules, that the plaintiff’s
lawyers repay those costs to the plaintiff.
He said that the present proceedings were in abuse of process and therefore,
must be dismissed.
 
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