Kodosiku v Tutua [1996] SBHC 64; HC-CC 390 of 1995 (12 November 1996)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 390 of 1995

ter">RENISI KODOSIKU

-v-

JOINI TUTU

Before: Awich, J

Hearing: 12 November 1996 - Judgment: 12 November 1996

R Kodosn person; J Tutua in personerson

JUDGMENT

AWICH J.:

There is enough evidence to show that Joini Tutua is actively connected to Choiseul and he has large proprietary interest there. That connection, in the circumstances of Solomon Islands is enough to establish residence in terms of the law and I decide that he is ordinarily resident in Choiseul. He qualified for nomination as candidate in the election held on 12 December 1995.

Another point to consider is that the Provincial Government structure into which the election was held has been repealed recently. A new Act now creates new structure. Even if I were to find Mr Tutua disqualified, I would not be able to issue certificate for the holding of another election because there is, in law now, no Provincial Assembly although in fact for purposes of transition. The petition is dismissed.

Dated at Honiara this 12th day of November 1996.

Sam Lungole-Awich
Judge