[69]
Accordingly, the Greene Petition was also served out of time. The Court accepts without
hesitation that the law is clear and that the failure to serve the petition on Mr. Adam within
the stipulated time has fatal consequences since it infringes section 47(3) of the Act. See
Stewart v Newland [1972] 19 WIR 271 where it was held that section 6 of the Election
Petitions Law, Cap 107(J) which requires that the documents named therein “shall, within
ten days after the presentation of the petition, be served by the petitioner on the
respondent” is mandatory and must be strictly compelled with. Also, it was held that the
Court therefore had no jurisdiction to extend the time for service of the Stewart’s petition.
[70]
In the premises, and on this additional ground, the Court holds that the Mr. Greene’s
petition cannot proceed and stands dismissed.
[71]
Conclusion
In view of the foregoing, the Court rules that both of the petitions that were filed by Mr.
Daven Joseph and Mr. Paul Chet Greene infringe section 45(1) of the Representation of
People Act and are invalid. The Court further rules that Mr. Paul Chet Greene’s petition
was served in violation of section 47(3) of the Representation of People Act and is invalid.
[72]
In view of the foregoing, it is Ordered that both of the petitions filed by Mr. Daven Joseph
and Mr. Paul Chet Greene are hereby dismissed, together with the following Orders:
(a) The Applications made by Mr. Chandler Codrington, Mr. Eleston Adams and Ms.
Lorna Simon are granted.
(b) Each party is to bear its own costs.
[73]
As a general rule, costs follow the event. Since this costs order departs form the general
rule that costs follow the event, it is right that I explain the reason for my departure. Firstly,
election matters are matters of national and public importance. They are indeed matters in
which the public have an interest. These petitions are no different. Therefore, the Court
ought to ensure that it does not take steps which will prevent persons who wish to test the
validity of election from doing so, once there is compliance with the mandatory rules. In
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