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In re the Constitution of the Republic of Vanuatu, Application of the Speaker [1988] VUSC 21; SC Civil Case 159 of 1988 (17 December 1988)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

Civil Case No. 159 of 1988

IN THE MATTER OF THE CONSTITUTION OF
THE REPUBLIC OF VANUATU

AND

IN THE MATTER OF AN APPLICATION BY THE
SPEAKER OF PARLIAMENT OF VANUATU

INJUNCTION

UPON HEARING counsel for the Speaker of Parliament AND UPON READING OF the Affidavit of the Honourable Oneyn Tahi, Member of Parliament and Speaker of Parliament sworn on the 17th day of December, 1988 and filed in the Court on the 17th day of December, 1988 AND UPON READING of the Affidavit of the Honourable Walter Hayde Lini, Prime Minister, sworn on the 17th day of December, 1988, IT IS HEREBY ORDERED AS FOLLOWS: -

1. THAT President Ati George Sokomanu, either by himself or by his servants, or by other persons howsoever described, and whether or not such person are acting under the direct or indirect instructions or directions of the said President Ati George Sokomanu, be restrained and prevented from declaring (whether by written words, symbols or other means) and from communicating by any means of communication of whatever description to any other person that the Parliament of Vanuatu has been dissolved by him.

2. THAT President Ati George Sokomanu, either by himself or by his servants, or by other persons or in association with other persons howsoever described, and whether or not such persons are acting under the direct or indirect instructions or directions of the said President Ati George Sokomanu, be restrained and prevented from taking any action or continuing to take any other or further action of whatever description to set up any unlawful, illegal and unconstitutional government.

By Order of the Supreme Court

HONOURABLE FREDERICK G COOKE
CHIEF JUSTICE

To: H E President Sokomanu
State House

And To: The Honourable O Tahi, MP
Speaker of Parliament,
Parliament House
Vila