Dengu v Nyaude & Anor (EP 117 of 2008) [2008] ZWHHC 66 (29 July 2008)

Dengu v Nyaude & Anor (EP 117 of 2008) [2008] ZWHHC 66 (29 July 2008)

Failure to serve the petition within 10 days of presentation and at the respondent's usual or last known dwelling or place of business, as required by s 169 of the Electoral Act, is fatal to the petition. The court has no power to condone non-compliance with these peremptory statutory requirements. The petition is therefore a nullity and must be dismissed.

Citation
[2008] ZWHHC 66
Parties
Petitioner: Canisio Dengu; 1st Respondent: Bedrock Nyaude; 2nd Respondent: Zimbabwe Electoral Commission
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
29 July 2008
Case Number
EP 117 of 2008
Procedural Posture
Electoral Petition / Preliminary Issues Ruling
Outcome
Petition dismissed with costs
Legal Topics
Service of Process, Security for Costs, Statutory Interpretation, Condonation, Electoral Petitions
Source Language
English
Election Law Civil Procedure Service of Process Security for Costs Statutory Interpretation Condonation Electoral Petitions

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Parties

Canisio Dengu

Petitioner

Bedrock Nyaude

1st Respondent

Zimbabwe Electoral Commission

2nd Respondent

Procedural Posture

Electoral Petition / Preliminary Issues Ruling

Legal Issues

  1. 1 Effect of failure to serve petition within statutory period
  2. 2 Effect of failure to serve petition personally or at respondent's dwelling or business
  3. 3 Requirement for names and addresses of sureties with petition

Ratio Decidendi

Failure to serve the petition within 10 days of presentation and at the respondent's usual or last known dwelling or place of business, as required by s 169 of the Electoral Act, is fatal to the petition. The court has no power to condone non-compliance with these peremptory statutory requirements. The petition is therefore a nullity and must be dismissed.

Court Disposition

Petition dismissed with costs

Orders

  • Petition dismissed with costs