Court rejects suspended official’s application

By KARO JESSE
SUSPENDED Kumul Telikom Holdings Ltd (KHTL) acting managing director Jessie Wangua has taken to court the decision of the KTHL board that suspended his appointment on July 9.
On Friday, Justice Royal Thompson in the Waigani National Court rejected an application by Wangua’s (plaintiff) lawyer Nelson Kopunye seeking dispensation (exemption) of time to move an urgent application seeking interim injunction orders to stay KTHL board’s decision.
Justice Thompson found that there was no urgency in the case after lawyer Sam Kati, for the KTHL board (first defendant) and KTHL (second defendant), submitted that the suspension was only for 21 days.
“The decision made on July 9 is already being made and in effect,” Justice Thompson said.
“It is only a suspension and any prejudice which may be caused by delay can be adequately compensated for by damages.
“As the decision being already being made, the balance of convenience favours preserving the status-quo at least until inter-parte hearing of plaintiffs motion.
“(I) am not satisfied that application is so urgent that it requires dispensation of the requirement of three days’ service.”
Justice Thompson adjourned the case to Thursday for the hearing of Wangua’s application seeking interim injunction orders.
In the substantive case filed by way of originating summons on July 13, Wangua is seeking a declaration order to recognise him as the acting managing director for KTHL pursuant to the decision of National Executive Council as contained in the National Gazette No.G46 of 2021 dated Jan 28, appointed in accordance with Section 12 of the Kumul Consolidated Holdings.