idrissa S. Kamara AND Regiatu & Others (EP 003) [2019] SLHC 26 (31 May 2019);

Judgment  dated the  31st day May 2019

The Petitioner herein Idriss Sahid  Kamara a Candidate of t he

Sierra Leone People's Party filed a Petition dated the 20th Apri! 2018 against the 1st Respondent, Honourable Rugiatu Rosy Kanu of the All People' s Co ngress, seeking among other things the 7th March 2018 General/ Parliamentary Elections in which the 1st Respondent was duly declared as the elected Member of Parliament of Constituency 113 Western Urban be declared by this Honourable as null and void.

This Honourable Court gave directions that this trial shall be held by Affidavit Evidence.

The Petitioner herein failed to file and served the said Affidavit as directed by this Honourable on the Respondents herein.

Even the Learned Senior Counsel representing the National Electoral Commission asked this Court to  dismiss this Petit ion.

I hold that due to the non-compliance by the Petitioner to serve Affidavit for the trial to be heard and determined, this Honourable Court therefore entered Judgment in favour of the  pt Respondent.

I make the following orders by virtue of Section 78 (l)a of the Constitution of Sierra Leone Act no.6 of 1991;

 

  1. The Petition dated the 20th April 2018 filed by the Petitioner against the 1s t Respondent is hereby dismissed by this Honourable Court
  2. That the Honourable Rugiatu Rosy Kanu of the All Peoples Congress shall continue to represent Constituency 113 in the Sierra Leone House of Par liam ent
  3. No order as to  costs

 

 

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