the Claimants a fair hearing and thereby failed to consider the true and full circumstances
of the Claimants’ absence from the House before she made her declaration.
[77]
Learned Counsel, Mr. Gildon Richards, on behalf of the Claimants submitted further that
what the Speaker did was she was seeking to determine that the members of the House
had vacated their seats which is a jurisdiction held only by the High Court as provided for
in Section 40(1), he further submitted that, the Constitution does not point to anybody with
that jurisdiction. Counsel, urged that there is no where in the Standing Orders that she
(the Speaker) has been given that jurisdiction. The Claimants are contending that when
the Speaker and not the Court determined the extent of the Claimants right to be in
Parliament the Speaker violated the specific provisions in the Constitution. Counsel made
reference to the Sabroche case26 as authority for his submission.
[78]
The Claimants also contended that the Speaker made herself a judge in her own case
and that these are issues which must be fully argued at a trial for the Court’s
consideration and determination.
[79]
The Claimants asserted that their allegations are not misconceived and that they do
disclose a cause or causes of action against the Defendants and that the Claims do not
constitute an abuse of the process.
[80]
Further, they submitted that the Defendants failed to cite any specific material particular
which was omitted by the Claimant to establish a sufficient cause which is necessary to
establish a sufficient case.
[81]
The Claimants contend that the Defendants focus is somewhat misdirected and they have
disregarded the purpose of their affidavits and have wrongly focused on the Claim form
only.
[82]
The Claimants submitted that the affidavits filed provide sufficiently detailed particulars of
material facts to establish a reasonable cause of action.
26
supra
23