BY ROMINAH FAKA
The High Court has struck out the election petition case against MP for Gizo Kolombangara Jimson Tanangada.
The judgment was delivered by Chief Justice Sir Albert Palmer.
Court orders by granting the application for strike out herewith with costs to be taxed if not agreed.
Court also directs that a Certificate of this Court order or dismissal be issued herewith, confirming that the Respondent Tanagada is the duly elected Member of Parliament for Gizo/ Kolombangara Constituency, to the Electoral Commission, His Excellency the Governor-General of Solomon Islands, and the Speaker of Parliament.
The application for strike out was filed by the respondent Tanagada lawyer on the 1st of July this year, pursuant to section 111 (1) (b) (i) and (ii) of the Electoral Act 2018 as amended, and rules 9.75 (a,(b), and (c ) of the Solomon Islands Courts (Civil Procedure) Rules 2007.
The petitioner Peter Soqoilo in essence challenges the validity of the election of the Respondent Tanagada on six grounds of election bribery contrary to section 126 of the Electoral Act and sets out in the pleadings the particulars supporting the allegations of bribery.
The respondent applied to strike out the allegations based on the fact the allegations by the petitioner is frivolous and vexatious, and that there are insufficient grounds to warrant the hearing of the petition.
From the six allegations of election bribery petitioner filed against the respondent, court satisfied that these six grounds should be dismissed based on the grounds that it has insufficient grounds to warrant a hearing, or showing no reasonable cause of action being disclosed.
Also on the issue of whether an amendment will cure the defect, court deliver that in this case will not make any difference on the facts and matters pleaded in relation the six allegations.
Therefore, the six allegations of election bribery against Hon. Tanagada are dismissed by court.
Jillian Soaika from Rano and Company Law Firm represented Tanagada and Francis Waleanisia represented Soqoilo.
