OMEGA SIPANI-HUNGWE vs EVELYN MASAITI and ZIMBABWE ELECTORAL COMMISSION

HH 57-2008

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Case Details

Court

Harare High Court

Date

3 July 2004

Citation

HH 57-2008

Neutral Citation

[2008] ZWEC 57

Outcome

unknown

Case Type

Petition

Bench

Presiding

Omerjee J

Full Bench

Omerjee J

Areas of Law

Electoral LawCivil Procedure

Keywords

Electoral petitionService of processSection 169 Electoral ActNullityProcedural compliance

Key Issues

{"issue_text":"Whether service of the petition outside the 10 day period stipulated in s 169 of the Electoral Act is such non-compliance as to render the petition a nullity","issue_type":"procedural","dispositive":"yes","related_facts":"Petition filed 14 April 2008, service on 6 May 2008"}
{"issue_text":"Whether service of the petition at the headquarters of the first respondent's political party is such non-compliance with the provision of the Act as to render the petition invalid","issue_type":"procedural","dispositive":"yes","related_facts":"Service at political party headquarters instead of residence or place of business"}

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background

Facts of the Case

Background

The petitioner challenged the results of the Dzivarasekwa constituency election where the first respondent was declared winner. The petitioner filed an electoral petition on 14 April 2008 but served it on 6 May 2008, outside the required 10-day period, and at the political party headquarters instead of the respondent's residence or place of business.

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