Before: The Hon. Justice Birnie Stephenson-Brooks
Appearances:
Mr.. Gildon Richards for the Claimants
Mrs. Francine Baron-Royer and Ms. Tameka Hyacinth for the Defendants
-------------------------2011: January 25th
June 10th
-----------------------DECISION
[1]
STEPHENSON-BROOKS J: This is an application by the Defendants to:
(i)
Strike out the Claims on the grounds that the Claims disclose no
reasonable cause of action and are an abuse of the process of the Court;
(ii)
That the first and eighth Defendants be struck off as parties;
(iii)
That the Claims against them should be struck because the said
Defendants are not amenable to suit; and
(iv)
That the issues before the court are now academic and should not be
heard.
BACKGROUND
[2]
The Claimants in this consolidated matter are the duly elected members for the
constituencies of Marigot and Salisbury respectively, having won the said seats at the
general elections held in the Commonwealth of Dominica on the 18th December, 2009 and
again in the by-elections held on the 9th July, 2010.
[3]
Prior to the general elections held in December 2009, the Claimants and the members of
their party were seeking to have certain actions taken by the Government of the day which
would have amounted to electoral reform.
2