Presiding judge, Justice Collin Makail this afternoon heard the two applications that was moved by lawyers representing Dawa Lucas Dekena and Nick Kuman.
The case returned following the restraining orders that were issued on Aug 2, stopping Kuman from making the declaration of office taking part in the election of the Speaker and Prime Minister.
However, the restraining orders were not served in time to the Speaker and Clerk of Parliament, in order for it to take effect against Kuman.
The orders were issued at 11:50am, Kuman made declaration at 12:03pm
Dekena’s lawers submitted in court today that the original writ that was issued by the Electoral Commission on April 20, was signed by Max Yomba, the appointed Returning officer.
It was also put before the court that another writ, issued on April 26, was the one issued by Freddy Yuan.
Lawyer for the Electoral Commission told the court that the application by Dekena’s lawyers should be refused in order to maintain the status-quo, as Kuman has already made the declaration of office.
Kuman's lawyer at the same time this afternoon, also asked the court to dismiss the case, sighting unreasonable cause of action by Dekena as his client has already been sworn in.
His lawyer 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.
But Greg Egan, who represented Dekena said it is important that the duly elected member for Gumine represent them on the floor of parliament.
He also asked for an expedited hearing of the case.
Counting for the seat ended on July 26, however the declaration was made two days later on “different results”.
File picture of Nick Kuman in parliament.