Ex-governor seeks leave to appeal order


FORMER Western governor Dr Bob Danaya has filed an application in the Supreme Court seeking leave to appeal a decision of the National Court which endorsed certain consent orders over a mediated settlement agreement between the Fly River government and the State.
The application is filed against respondents – the Fly River government, Western Governor Toboi Awi Yoto, Mining Minister Johnson Tuke, Minister for Finance Rainbo Paita, chairman of board of trustees of the Western non-Community Mine Continuation Agreement Harry Kore, Finance secretary Dr Ken Ngangan, treasury secretary Dairi Vele, NEC, BSP and secretary for Department of National Planning and Monitoring Koney Samuel.
The endorsed decision is regarding claims of about K21 million which was to be paid by the Western government through non-Community Mine Continuation Agreement (non-CMCA) trust funds to contractors as claims.
Danaya, through his lawyer Greg Sheppard, of Young and Williams, is seeking to appeal the endorsed decision made by Deputy Chief Justice Ambeng Kandakasi on Nov 2 as to whether it was in breach of certain provisions of the Mining Act, Mineral Resource Authority Act 2018, Companies Act 1997 and the CMCA.
Danaya is claiming the decision was an abuse of court process because none of the parties in National Court proceedings had the authority to settle the purported mediated claims since the money in the non-CMCA trust fund did not belong to them.

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