His lawyer told the court yesterday they intend to ask the court to dismiss the case when it briefly went before Justice Collin Makail.
The case returned after orders were issued on August 2, stopping Kuman from being sworn into parliament.
The restraining orders were issued by the court at 11:50am but were not served on the speaker and clerk of parliament in time. Kuman was sworn in at 12:03pm.
With the court yet to decide on who the duly-elected member of Gumine Open is, Kuman’s lawyers will ask the court on August 15 to dismiss the entire case.
They filed an application on August 7.
Dekena’s lawyers said they were not ready yesterday and asked for an adjournment to next week, where the application can be heard by the court.