The Hight Court has today ruled that the Civil Case number 244 between Hon. Matthew Wale and the Governor General and others be struck out.
Counsel for the Prime Minister and OUR Party have filed an interim application seeking to have the judicial review claim struck out, pursuant to Rule 9.75 of the Solomon Islands Courts (Civil Procedure) Rules 2007.
This is on the grounds that the claim shows no cause of action known to law, and or otherwise.
After handing down his judgement in Court today, Chief Justice Sir Albert Palmer said he is equally satisfied the case should be struck out as being frivolous and vexatious and an abuse of the Courts power.
Sir Albert Palmer says, it is clear that any dispute pertaining to the calling, conduct and election of a Prime Minister are matters falling within the sole discretion of the Governor General and should be properly referred to him to determine.
He adds, this is not a matter where the Claimant seeks a construction of the Constitution, where the Constitution has failed to specifically address a particular question.
Rather, it is an instance where the Claimant seek to add an additional obligation or requirement on the Governor General more than which the Constitution had expressly provided, he said.