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The Court of Appeal upheld dismissal of an election petition over Bunda Urban Constituency, finding the appellants failed to prove material irregularities.
Appellants failed to prove to the required standard that alleged irregularities materially affected the election results. Notification to the political party satisfied legal requirements. The error in recording registered voters was accidental and corrected, not affecting the outcome. The burden of proof remained with appellants, and procedural errors were not fatal. The appeal lacked merit and was dismissed.
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The High Court dismissed an appeal from an election petition, holding the district court lacked jurisdiction because the disputed vote was not a local government election.
The application is incompetent because it targets interlocutory orders which do not finally determine the suit, and section 5(2)(d) of the Appellate Jurisdiction Act bars such revisions. No procedural confusion or irregularity was found in the High Court proceedings to justify revision.
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The application is incompetent because it targets interlocutory orders which do not finally determine the suit, thus revision is barred by section 5(2)(d) of the Appellate Jurisdiction Act.
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The High Court allowed a local election appeal, holding that the trial court failed to properly assess residency evidence and election-rule compliance.
The appeal was filed within the prescribed limitation period, as the time started running from the date certified copies were ready. The trial court erred in allowing a collective petition for multiple petitioners with different causes of action and interests, contrary to the governing election regulations, rendering the proceedings, judgment, and decree a nullity.
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High Court appeal from an election petition dismissed after the court upheld nullification of a Duru Ward councillor election.
Section 111(1)(a) of the National Elections Act confers statutory locus standi on any person who lawfully voted or had a right to vote in the election concerned, without requiring them to plead specific violations of their rights. The High Court erred in striking out the petition for lack of locus standi based on an incorrect interpretation of the law in Lema's case. The right to appeal from the High Court in election petitions is automatic and does not require leave.
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Election petition over the Momba parliamentary seat dismissed. The court found no proved fake polling stations, material irregularities, or corrupt practices.
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