Application to continue legal action dismissed

THE Supreme Court has dismissed an application filed by James Gabe and others to seek leave to continue legal proceedings against Tolukuma Gold Mine Limited.
The application was filed against the liquidator, Andrew Pini, to seek consent to continue with the case against Tolukuma.
However, Justice Derek Hartshorn dismissed the application, saying “the provisions of the Supreme Court Act and Supreme Court Rules cited by Gabe did not provide the court with the jurisdiction to grant the orders” he sought.
Hartshorn said the Supreme Court Act, as cited by Gabe in his application, concerned production of documents or other things.
“It does not grant this court the power to continue legal proceedings,” Justice Hartshorn said.
He gave orders for Gabe to pay the liquidator costs of the application.
The case against the mine was first filed by Gabe and others in 2006 over alleged spillage of sodium cyanide into rivers in Goilala.
The case was dismissed by the National Court in 2014. In 2017, Gabe applied to the Supreme Court for a review of the decision.
The Supreme Court granted the orders sought by Gabe and the matter was reinstated on Jan 31, 2018.
Then on Feb 7, the Tolukuma Gold Mine was placed into liquidation by an order of the National Court.
On March 9 Gabe filed a certificate of taxation for the sum of K99,892, and then applied for leave this year to continue with the proceedings.
He also applied for judgement to be given against the liquidator for the unpaid taxed if leave was granted.