Wereh, State ok to appeal decision

By CHARLES MOI
THE Supreme Court has allowed Works secretary David Wereh and the State to appeal a decision of a lower court concerning a pending K32 million road project in Enga.
Justice Derek Hartshorn presiding as a single judge in the Supreme Court last Dec 21, granted leave to appeal after he found that the State and Wereh had an arguable case.
“They (Wereh and the State) seek to appeal the decision of the primary judge Deputy Chief Justice Ambeng Kandakasi last Dec 15, in which his honour in a directions hearing made certain orders (in the National Court in Waigani),” Justice Hartshorn said in his ruling.
“Two of the orders on the face appear to be substantive orders.
“So the application for leave seeks to appeal his honour’s (Justice Kandakasi’s) decision on the basis that his honour fell into error by granting a substantive relief without any trial but in a directions hearing and without giving the State the opportunity the right to be heard.
“I am satisfied that there is an arguable case demonstrated by the plaintiffs before me.”
The appeal stems from a case in the National Court in Waigani between Tage Pimana Yakain Investments against Wereh and the State.
On Sept 26, 2016, Yakain Ltd entered into a K32 million contract with the State for the construction of the 18.8km Ambum road project from Tacowas to Monokam in Enga.
Yakain Investments Ltd told the National Court that it was ready to start the roadwork, however, Wereh had delayed in appointing a superintendent who was supposed to give notice to Yakain Investments Ltd to commence work.
Yakain Ltd aggrieved by Wereh’s actions filed a case in the National Court seeking the court to compel Wereh to appoint a superintendent and compel the superintendent to issue a notice to Yakain Investments Ltd to start the road works.
Last Nov 15, during a second directions hearing Justice Kandakasi ordered Wereh and the state to appoint a superintendent for the road works.