Defeated People's National Party (PNP) candidate in last year's general election, Abe Dabdoub, has filed an application in the Court of Appeal, to strike out the appeal filed by ousted Member of Parliament Daryl Vaz.

Dabdoub is contending that Vaz's appeal against the ruling of Chief Justice Zaila McCalla is frivolous, vexatious and an abuse of the process of the court. The Chief Justice had ousted Vaz because of his US citizenship which is in breach of the Jamaican Constitution.

Dabdoub is asking for the appeal to be struck out because he said Vaz admitted in Parliament on May 13 that he accepted the court ruling and had renounced his US citizenship.

Strategic appeal

Dabdoub referred to comments Vaz allegedly made in a newspaper that the filing of his appeal was strategic.

A date has not yet been heard for Dabdoub's application. Dabdoub, who brought an election petition which led to Vaz being ousted, is also appealing against the court ruling.

Although the Chief Justice ruled that Vaz was not eligible to be a MP, she did not give the House seat to Dabdoub. She ordered a by-election.

Dabdoub is seeking to be returned as the duly elected MP for West Portland in the September 3, 2007 general election.

The appeal will be heard during the next court term, which begins in September and ends in December.Vaz will remain in Parliament until the appeal has been heard because he has been granted a stay of execution of the Chief Justice's ruling.