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Harare High Court
Cyril Muradzi v Makachivei Maromo
HH 58-2008
Case Details
Court
Harare High Court
Date
8 July 2008
Citation
HH 58-2008
Neutral Citation
[2008] ZWHH 58
Outcome
unknown
Case Type
Petition
Bench
Presiding
Omerjee J
Full Bench
Omerjee J
Areas of Law
Electoral LawService of Process
Keywords
Election petitionService requirementsTime limitsNullity
Tags
Local Council electionWard 21Mount Darwin West
legislation
Statutes Cited
- Electoral Act [Chapter 2:13]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether service of the petition outside the 10-day period stipulated in s 169 of the Electoral Act renders the petition a nullity","issue_type":"procedural","dispositive":"yes","related_facts":"Petition filed 14 April, served 9 May, 15 days after deadline"}
- {"issue_text":"Whether service of the petition at the headquarters of the respondent's political party constitutes compliance with s 169 of the Electoral Act","issue_type":"procedural","dispositive":"yes","related_facts":"Service effected at party headquarters instead of personal service or residence/place of business"}
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background
Facts of the Case
Background
The petitioner, an MDC candidate for Ward 21 in Mount Darwin West, filed an election petition on 14 April 2008 challenging the declaration of the respondent (ZANU PF candidate) as winner. Service was effected on 9 May 2008 at the respondent's political party headquarters, 15 days after the 10-day limit prescribed in s 169 of the Electoral Act.
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