PETER MABIKA versus ELLIOT MANYIKA STELLA MUZHINGI versus ROSEMARY GOTO GODFREY NYAMUCHENGA versus PADDINGTON ZHANDA SIMON CHENGAHOMWE versus ACQUILINA KATSANDE AMOS MIDZI versus ELIA JEMBERE

HH 67/08

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Case Details

Court

Harare High Court

Date

30 June 2008

Citation

HH 67/08

Neutral Citation

[2008] ZWHH 67

Outcome

unknown

Case Type

Petition

Bench

Presiding

CHATUKUTA J

Full Bench

CHATUKUTA J

Areas of Law

Electoral LawCivil Procedure

Keywords

Election petitionService of processTime limitsSection 169 Electoral ActSubstantial complianceStrict compliance

Key Issues

{"issue_text":"Whether service of the election petitions outside the ten day period stipulated in section 169 of the Act is fatal to the petitions","issue_type":"procedural","dispositive":"yes","related_facts":"All petitions served outside ten-day period, security amounts fixed after presentation"}
{"issue_text":"Whether service of the petitions at the respondents' political party headquarters is service contemplated in section 169 of the Act","issue_type":"procedural","dispositive":"yes","related_facts":"Service at party headquarters rather than residence or place of business"}

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background

Facts of the Case

Background

Five election petitions were filed challenging the results of the harmonized elections held on 29 March 2008. All petitions were presented to court on 14 April 2008 but were served outside the ten-day period required by section 169 of the Electoral Act. Additionally, service was effected at political party headquarters rather than at respondents' places of residence or business as required by law.

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