By: L.N. Reklai
December 6, 2016 (Koror, Palau) Court recently ordered Mr. Bisure Kanai to show the court why it should not dismiss his request for declaratory relief.
According to the court order issued by Associate Justice Quay Polloi, Kanai had failed to state a claim that he was seeking relief for and had wrongly named Justices Salii and Materne as party in his motion seeking declaratory relief.
“In a case of actual controversy” this Court “may declare the rights and other legal relations of any interested party seeking such declaration.” (14 P.N. C. § 1 001.) Although Kanai is the party “seeking such declarations,” the petition does not appear to seek a declaration of his rights,” stated Justice Polloi in the order.
Mr. Kanai had filed for a declaratory relief from court in a civil action 16-111. In his motion, Kanai stated that Justices Salii and Materne who issued a decision in November on his civil appeal case 15-026 affirming the Trial Court’s earlier decision, are not the appropriate justices to make such ruling in his case. He asked the court to void the decision made by the judges in his appeal case 15-026
The court order states that Mr. Kanai did not contest the ruling on his case but the argued qualifications of the judges who made the ruling. According to the court, this request did not seek his rights but rights of others.
He also asked the court to void the decision the two judges made in his appeal case but failed to seek declaration of any rights.
According to the order, seeking a declaratory relief is to ask the court to clarify or interpret the rights of interested party involved.
In this case 16-111, Kanai did not seek his rights or to have his rights clarified.
Kanai has up to January 4, 2017 to file his response. [/restrict]