Machinga v Mudarikwa (EP 83 of 2008) [2008] ZWHHC 56 (3 July 2008)

Machinga v Mudarikwa (EP 83 of 2008) [2008] ZWHHC 56 (3 July 2008)

The petition is a nullity due to non-compliance with s 169 of the Electoral Act, as service was effected outside the prescribed 10 day period and at an improper location.

Citation
[2008] ZWHHC 56
Parties
Petitioner: Florence Machinga; Respondent: Simba Neuta Mudarikwa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
3 July 2008
Case Number
EP 83 of 2008
Procedural Posture
Electoral Petition / Preliminary Objection on Validity of Service
Outcome
Petition dismissed as a nullity
Legal Topics
Service of Election Petition, Compliance With Statutory Time Limits
Source Language
English
Electoral Law Service of Election Petition Compliance With Statutory Time Limits

Case Brief

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Parties

Florence Machinga

Petitioner

Simba Neuta Mudarikwa

Respondent

Procedural Posture

Electoral Petition / Preliminary Objection on Validity of Service

Legal Issues

  1. 1 Whether service of the petition outside the 10 day period stipulated in s 169 of the Electoral Act renders the petition a nullity
  2. 2 Whether service of the petition at the headquarters of the respondent’s political party constitutes valid service under the Act

Ratio Decidendi

The petition is a nullity due to non-compliance with s 169 of the Electoral Act, as service was effected outside the prescribed 10 day period and at an improper location.

Court Disposition

Petition dismissed as a nullity

Orders

  • This petition is a nullity by reason of non compliance with the provisions of s 169 of the Act.
  • The petitioner is to pay the respondent’s costs.