Evans Nyamaharo v Berejena and Anor (Petition 2 of 2021) [2021] ZMLGEL 23 (16 September 2021)
The tribunal granted leave to withdraw the petition as the application was unopposed and in accordance with the law.
Source-derived case information.
- Citation
- [2021] ZMLGEL 23
- Parties
- Petitioner: Evans Nyamiharo; 1st Respondent: Robby Berejena; 2nd Respondent: Electoral Commission of Zambia
- Court
- Local Government Election Tribunal Lusaka
- Jurisdiction
- Zambia
- Case Number
- Petition 2 of 2021
- Procedural Posture
- Election Petition / Withdrawal Order
- Outcome
- petition withdrawn
- Legal Topics
- Withdrawal of Petition, Local Government Elections
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Nyamiharo
Petitioner
Robby Berejena
1st Respondent
Electoral Commission of Zambia
2nd Respondent
Procedural Posture
Election Petition / Withdrawal Order
Legal Issues
- 1 Whether the petition should be withdrawn upon application by the petitioner
Ratio Decidendi
The tribunal granted leave to withdraw the petition as the application was unopposed and in accordance with the law.
Court Disposition
petition withdrawn
Orders
- Petition is withdrawn
- Each party to bear own costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE LOCAL GOVERNMENT ELECTION 2021 / RMA/ LGEP/ 02 TRIBUNAL HOLDEN AT KAFUE (Constitutional Jurisdiction) IN THE MATTER OF: SECTION 72(1)(B)?®5[G^ND 1001 F THE ELECTORAL PROCESSACT-NOr^5 OF 2016 THE LOCAL GOVERNMENT ELECTION TRIBUNAL RULES NO 60 OF 2016 LOCAL GOVERNMENT ELECTION FOR COUNCILLOR IN THE KAMBALE WARD KAFUE DISTRICT HELD ON THE 12th AUGUST, 2021 BETWEEN: EVANS NYAMAHARO PETITIONER AND ROBBY BEREJENA ELECTORAL COMMISSION OF ZAMBIA 1st RESPONDENT 2nd RESPONDENT CORAM: I. T. Wishimanga, J. Mataliro and K. N Mundia For the Petitioner: In Person For the First Respondent: In Person ORDER TO WITHDRAW PETITION UPON HEARING THE PARTIES, we have read the summons and the accompanying affidavit and also the notice of intention to withdraw that was filed into court on 15th September, 2021, and the respondent having not objected to the application for leave for an order to withdraw the petition. This tribunal grants the application for an order for leave to withdraw the petition pursuant to section 103 of the Electoral Process Act No: 35 of the 2016 and the petition is accordingly withdrawn, and parties to bear own costs. Dated at..... ........................this .....day of 77.^7^........2021 LT. Wishimanga Chairperson J. Mataliro Member K. N. Mundia Member