The case over the legality of the declaration of the Gumini open seat returned before the Waigani National Court today.
This time, lawyers representing Dawa Lucas Dekena are asking the court to restrain Nick Kuman from attending the second parliament sitting or carrying out the functions and duties as member for the electorate.
On the morning of Aug 2, the National Court granted orders sought by Dekena, restraining Kuman from making the declaration of office in Parliament.
However, the restraining orders were not served in time to the speaker and clerk of parliament.
The orders were issued at 11:50am, Kuman made declaration at 12:03pm.
Greg Egan and Dudley Yariyari this afternoon returned to court with the application.
At the same time, Kuman's lawyer also asked the court to dismiss the case, sighting unreasonable cause of action by Dekena as his client has already been sworn in.
Kumans lawyer also said that the case is an abuse of process now that a member has been declared and the only way to challenge the result is by way of election petition.
More from this case today.
(File picture of Dawa Lucas Dekena)