Mabika v Manyika & Ors (EP 106 of 2008; EP 115 of 2008; EP 45 of 2008; EP 51 of 2008; EP 91 of 2008) [2008] ZWHHC 67 (23 July 2008)

Mabika v Manyika & Ors (EP 106 of 2008; EP 115 of 2008; EP 45 of 2008; EP 51 of 2008; EP 91 of 2008) [2008] ZWHHC 67 (23 July 2008)

Failure to serve election petitions within the ten days stipulated by section 169 of the Electoral Act is fatal and cannot be condoned. Service at party headquarters does not comply with the Act, which requires personal service or service at the respondent’s residence or place of business.

Citation
[2008] ZWHHC 67
Parties
Petitioner: Peter Mabika; Petitioner: Stella Muzhingi; Petitioner: Godfrey Nyamuchenga; Petitioner: Simon Chengahomwe; Petitioner: Amos Midzi; Respondent: Elliot Manyika; Respondent: Rosemary Goto; Respondent: Paddington Zhanda; Respondent: Acquilina Katsande; Respondent: Elia Jembere
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 July 2008
Case Number
EP 106 of 2008 ; EP 115 of 2008 ; EP 45 of 2008 ; EP 51 of 2008 ; EP 91 of 2008
Procedural Posture
Election Petition / Preliminary Objections/points in Limine
Outcome
petitions dismissed
Legal Topics
Service of Process, Statutory Interpretation, Compliance With Statutory Time Limits
Source Language
English
Election Law Civil Procedure Service of Process Statutory Interpretation Compliance With Statutory Time Limits

Case Brief

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Parties

Peter Mabika

Petitioner

Stella Muzhingi

Petitioner

Godfrey Nyamuchenga

Petitioner

Simon Chengahomwe

Petitioner

Amos Midzi

Petitioner

Elliot Manyika

Respondent

Rosemary Goto

Respondent

Paddington Zhanda

Respondent

Acquilina Katsande

Respondent

Elia Jembere

Respondent

Procedural Posture

Election Petition / Preliminary Objections/points in Limine

Legal Issues

  1. 1 Whether service of election petitions outside the ten day period stipulated in section 169 of the Electoral Act is fatal to the petitions
  2. 2 Whether service of the petitions at the respondents’ political party headquarters is service contemplated in section 169 of the Act

Ratio Decidendi

Failure to serve election petitions within the ten days stipulated by section 169 of the Electoral Act is fatal and cannot be condoned. Service at party headquarters does not comply with the Act, which requires personal service or service at the respondent’s residence or place of business.

Court Disposition

petitions dismissed

Orders

  • Each petition is dismissed
  • Each petitioner shall pay the respondents’ costs