The Election petition case against Southern Highlands Governor William Powi by runner-up Joseph Kobol was dismissed by the Supreme Court last Friday.The recent Supreme Court appeal by Kobol was the fourth time the court has dismissed similar case challenging the win of William Powi.Last Friday, the three men Supreme Court bench dismissed the Supreme Court appeal on the grounds that the application was mischievous, frivolous and an abuse of process.The court stated that matters go before the Supreme Court by way of appeal from the National Court, Constitutional references under section 19 (1), section 18 applications by originating summons and or by way of judicial review application under section 155 (2) (b) of the Constitution.Therefore section 185 does not grant any original powers or jurisdiction to a party in a dispute to bring a case before the tribunal.It stated that it was remedial provision that is often invoked to fill or bridge any gaps in the process or procedures in order to give effect and meaning to the law. The court concluded that the Courts cannot consciously and deliberately give adhoc directions in the nature of creating or granting original jurisdictions to remedy shortfalls or lack of jurisdiction where such powers do not exist against the principle of finality to litigation once the law has reached its limits and that there is no such things as perpetual litigation.The Court further concluded that the applicant (Kobol) was trying to keep alive is an action that has already been determined according to law through the very same process he was seeking to invoke the; very same powers that have already spoken.
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