Mataafa v Electoral Commissioner [2011] WSSC 19 (2 March 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

IN THE MATTER:
of the Declaratory Judgments Act 1988.

BETWEEN:

FIAME NAOMI MATAAFA of Lotofaga, Samoa.
Applicant

AND:

THE ELECTORAL COMMISSIONER
appointed pursuant to section 3 of the Electoral Act 1963 as amended.
First Respondent

AND:

FIAOLA IOSUA LOLE of Lotofaga.
Second Respondent

Counsel: L A Volentras for applicant
P Bednall and K Seuseu for first respondent
R Shuster for second respondent

Hearing: 2 March 2011

Ruling: 2 March 2011

RULING OF SAPOLU CJ

1. I have given careful consideration to the submissions by counsel for all the parties put before the Court this morning concerning an application by the Electoral Commissioner as first respondent and supported by the second respondent for the proceedings for declaratory orders by the applicant to be stayed until after the general election on 4 March 2011.
   
2. I have decided to allow the election for the territorial constituency of Lotofaga to proceed on Friday, 4 March 2011 and for the applicant's proceedings and the strike out motion by the second respondent to be re-mentioned on Tuesday, 8 March 2011 at 9am.
   
3. Costs reserved.
   

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CHIEF JUSTICE