Saghir & Ors v Najib & Ors
Petitioners failed to serve valid notice of presentation of the petition and notice of the nature and amount of security within the prescribed time; such non-compliance is fatal and cannot be remedied, requiring the petition to be struck out.
- Parties
- Petitioner: Chaudhary Saghir; Petitioner: Faizan Saghir; Petitioner: Shakir Saghir; Respondent: Mohammed Najib; Respondent: Arshad Mahamood; Respondent: Zafar Iqbal Din; Respondent: Paul Sheehan
- Jurisdiction
- England and Wales
- Judgment Date
- 22 March 2005
- Procedural Posture
- Election Petition / Application to Strike Out Petition
- Outcome
- petition struck out
- Legal Topics
- Procedural Compliance, Notice Requirements, Security for Costs, Particularity of Pleadings
Case Brief
Summary, issues, holding and outcome
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Parties
Chaudhary Saghir
Petitioner
Faizan Saghir
Petitioner
Shakir Saghir
Petitioner
Mohammed Najib
Respondent
Arshad Mahamood
Respondent
Zafar Iqbal Din
Respondent
Paul Sheehan
Respondent
Procedural Posture
Election Petition / Application to Strike Out Petition
Legal Issues
- 1 Whether the petitioners complied with statutory and procedural requirements for service of notice and security for costs
- 2 Whether the petition was sufficiently particularised to proceed
Ratio Decidendi
Petitioners failed to serve valid notice of presentation of the petition and notice of the nature and amount of security within the prescribed time; such non-compliance is fatal and cannot be remedied, requiring the petition to be struck out.
Court Disposition
petition struck out
Orders
- Petition struck out for non-compliance with procedural requirements and lack of particularity.
Full Case Text
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