Akapo v Manua [1992] WSSC 8; Misc 24282 (4 May 1992)

IN THE SUPREME COURT OF WESTERN SAMOA
HELD AT APIA

MISC. 24282

IN THE MATTER of The Electoral Act 1963

AND

IN THE MATTER of the Territorial Constituency of Safata

BETWEEN

TAFAFUNAI AKAPO
of Saanapu and
PULA'A VAEA
of Tafitoala and Lalovaea
both Candidates for election
PETITIONERS

AND

LESA FIRANI POSALA MANUA
of Lalovaea
RESPONDENT

Counsel: R. Drake for Petitioners
E.F. Puni for Respondent

Decision: 4 May 1992

DECISION OF RYAN, CJ.

The Respondent concedes prayer as to corrupt practice under paragraph (a) 4 & 5. I therefore declare the election void.

The Respondent also is given leave to withdraw his allegations of corrupt practice against the Petitioners.

Each Petitioner shall be entitled to an order for costs in the sum of $1,000 each. In addition the Respondent will pay witnesses' expenses for 1 day for 10 witnesses, the filing fee lodged by the Petitioner and the costs of advertising and service of the petition.

CHIEF JUSTICE