The Samoa Party has been granted with leave by the Chief Justice, Patu Tia'avasu'e Falefatu Sapolu, to appeal the decision of the Supreme Court delivered in March in which a party motion against section 105 of the Electoral Act was dismissed.
The section provides that only candidates who polled at least half of the total votes in a parliamentary election can file an election petition.
The party motion had argued the section is inconsistent with the constitution and should be void.
A lawyer representing the plaintiff says the appeal against the decision is based on the disappointment party members felt over the Supreme Court's decision.