By KARO JESSE
DEPUTY Chief Justice Ambeng Kandakasi has expressed dissatisfaction over the public solicitor’s office for sending junior lawyers recently admitted to the bar to take up serious matters before the court.
Justice Kandakasi raised his concern on Monday in the Popondetta National Court when he dismissed two proceedings, a human rights proceeding and a writ of summons filed by a woman who tried to sue the State on behalf of her deceased cousin who was shot by the police for allegedly committing murder.
It was understood that the proceedings filed by Mary Paulo So-on (plaintiff) sought certain reliefs against the State and also tried to sue and find the State liable for the actions of the police officer who allegedly shot her cousin Ronny Greyson.
The court found that So-on was seeking two declaration orders that were not proper and needed the assistance of the public curator, which the lawyer from the public solicitor’s office failed to assist the court regarding So-on’s standing.
It was understood that any person trying to take up matters in court on behalf of deceased person in absence of a written will needed the public curator’s consent.
“The plaintiff has no right to come to court to seek orders that concern an estate,” Justice Kandakasi said.
“The only authorised person to come to court is the public curator.
“For whatever reason, any person who wants to act for or on behalf of an estate has to get the consent of every body and, with the consent of the public curator, can be appointed in favour of the deceased at this stage and can come to court and ask for whatever relief they feel they are entitled to.”
Solicitor-General Tauvasa Tanuvasa conceded to the judge’s explanation to the position in law in regards to the standing of a person who intended to sue on behalf a deceased.
Tanuvasa said it was appropriate for the public curator to take the position in regards to the issue.
“So-on is not precluded from liaising with the public curator’s office to obtain consent to launch a proceeding against the State,” he said.
By KARO JESSE