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Prime Minister v Governor-General [1998] SBHC 40; HC-CC 150 of 1998 (7 September 1998)

HIGH COURT OF SOLOMON ISLANDSspan>

Civil Case No. 150 of 1998

THE PRIME MINISTER

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THE GOVERNOR-GENR-GENERAL

High Court of Solomon Islands
Before: Muria, CJ.
Civil Case No. 150 of 1998

Hearing: 7 September 1998
ling: 7 September 1998

P. Afeau for Plaintif H.E. not represented nted but his Private Secretary is present
A. Nori on an application to join the Opposition

MURIA CJ: Mr. Nori has applied that the Leader of Opposition should be joined as a party in his case. Counsel based his application on Order 17 r.11 of the High Court (Civil Procedure) Rules which gives the Court power to join in a party to an action. Counsel argues that the Leader of Opposition, in the circumstances, "ought to have been joined" and that his presence in Court is " necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter," to use the words of r.11.

Counsel suggests that justeading the documents now fiow filed by the plaintiff, the Leader of Opposition clearly has interest in the application.

I am mindful of the public nature of this case and it ves top leaders in th this country. The Leader of Opposition says that if his application is granted he will file affidavit to show the necessities of him being joined as a party. Hence, for now, Mr. Nori simply relies on the documents filed by the plaintiff and which are now in Court.

I accept the basis of His Excellency's decision of orderingering Parliament to meet is the suggestion that the Prime Minister does not have the number and consequently the Leader of Opposition placed before Parliament the no confidence motion. The motion is to be debated to test the support for the Prime Minister in Parliament. The questions asked are in connection with the action of the Governor-General. No question has been raised for the Court's determination regarding the action taken by the Leader of Opposition.

The L of Opposition may have an interest, political or otherwiserwise, in this matter. But in the circumstances of this case I am not convinced that such interest necessitates the Leader of Opposition to be joined as a party.

This case is based on the legal challenge raised against the decision made by His Excellency. The questions posed for the Court's determination clearly emanate from the Governor-General's decision to convene Parliament.

The application by the r of Opposition to be joined as a party is refused.

GJB Muria
CHIEF JUSTICE
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