Shadrack v Simeon

Court Supreme Court

Case type Constitutional

Case number 3258 of 2019

Hearing date 06 Dec 2019

Decision date 06 Dec 2019

Official PDF document

Judge(s) Justice Oliver Saksak

Respondent(s) Seoule Simeon - First Respondent; Republic of Vanuatu - Second Respondent

Applicant(s) Gracia Shadrack

Counsel Robin Tom Kapapa for the Claimant; Nigel Morrison for the First Respondent; Frederick Gilu and Hardison Tabi for Second Respondent

ORAL DECISION

1. The Constitutional Application filed by Mr Kapapa on behalf of the Claimant alleging breaches of the Claimant’s constitutional rights under Articles 5(1), 17(1) and 22 of the Constitution by the Speaker of Parliament when he declared the claimant’s seat vacant on Wednesday 27th November 2019 pursuant to section 2 (d) of the Parliament ( Vacation of Seats) Act, fails and is hereby dismissed.

2. The clamant will pay the First Respondent costs of the proceeding on the standard basis as agreed or taxed.

3. There will be no costs to the Second Respondent.

4. Reasons are reserved and will be published.

DATED at Port Vila this 6th day of December, 2019
BY THE COURT

………………………
Oliver.A.Saksak
Judge