The Tautua Samoa party has now decided to continue with its legal action of five million US dollars against the speaker of parliament Tolofuaivalelei Falemoe Lei'ataua.
In August the interim chairman of the Tautua party, Lealailepule Rimoni Aiafi, told the house its five million US dollars claim for damages against the speaker has now been dropped.
But the lawyer for the unregistered political party, Rosella Papalii, says the case is now proceeding following instructions from the party.
She says the legal action will be heard again next Monday for the speaker through his lawyer to file a written response.
In July, the Supreme Court quashed a ruling by the speaker who had declared nine parliamentary seats for Tautua Samoa party vacant as it was unlawful under the Electoral act and the constitution.
However, the government as a result of the ruling, has now amended the electoral act and section 46 of the constitution to further maintain the stability of political parties and Parliament.
The Tautua Samoa MPs believe the amendment will disqualify them which will result in fresh by elections for their seats.