Judge drops review case for breach of rules

A NATIONAL Court judge in Waigani says that an application for a judicial review can only be made when a leave (permission) of the court has been obtained in accordance with rules of the court.Justice Nicholas Miviri explained the procedure after he dismissed a case which breached the rules of the judicial review proceedings, on reasons that the plaintiff plead substantial reliefs without leave of the court.The plaintiff in the matter is Johnson Jimberi trading as Parox Reg No.6-230460, which sought to quash the decisions of chairman of Lands board Sam Wange; secretary for the Department of Lands and Physical Planning Benjamin Samson; and registrar of titles Ale Ane to issue a state lease for commercial purposes over land described as section 1, allotment 28 Yawasoro Wewak Urban, East Sepik to Wewak MP and managing director of Wewak auto-port Kevin Isifu.The plaintiff claimed that there was an exemption already in place pursuant to NationalCourt Rules and the Land Registration Act 1981 which required the defendants within 14 days to register the plaintiff’s interest to all the land contained in the awarded state lease.The plaintiff sought leave of the court to subsequently declare orders against the defendants.“This is very clear language that leave proceeds before all else it must be obtained, then the other reliefs follow,” Justice Miviri said.“The originating summons pleads substantial relief and in this sense is convoluted and congested which is clearly in breach of the rule set out.“The totality is that leave has not been pleaded by the plaintiff on the material he has filed.”