[11]
On the 8th June 2010, the President of the Commonwealth of Dominica issued election
writs for the constituencies of Marigot and Salisbury for the conduct of by-elections to be
held on the 9th July 2010.
[12]
The Claimants were again nominated by their Party, and they contested the said byelection and were again elected as the representatives for their respective constituencies.
[13]
On the 19th July 2010, the second named Claimant, Mr. Hector John, was sworn in as
Leader of the Opposition and on the 28th September , 2010 the Claimants both took their
oaths of allegiance as duly elected members of the House of Assembly.
[14]
On the 8th July 2010,
the Claimants filed actions in this High Court against the
Defendants claiming constitutional relief, administrative orders and other remedies. The
Claimants contend:
(i)
That the election writ for the by-election which was
issued was illegal, unconstitutional null and void.
(ii)
That the elections which were to be held on 9th July
2010 (which was subsequently held) was
unconstitutional null, void and of no legal effect.
[15]
The Claimants also claim exemplary or aggravated damages and for various
declarations to be made against the Defendants.
[16]
The Defendants filed this interlocutory application to strike out the Claimants' claim in part
and in the whole and for the Defendants to be struck out as Defendants.
[17]
The parties both filed written submissions with authorities and each addressed the court
based on their submissions.
[18]
I now give my ruling based on the written and oral submissions that were made.
4