Muradzi v Maromo (EP 64 of 2008) [2008] ZWHHC 58 (7 July 2008)

Muradzi v Maromo (EP 64 of 2008) [2008] ZWHHC 58 (7 July 2008)

Service of the petition was invalid as it was effected outside the statutory 10 day period and at an improper location, contrary to s 169 of the Electoral Act. The court has no power to condone such breaches, rendering the petition a nullity.

Citation
[2008] ZWHHC 58
Parties
Petitioner: Cyril Muradzi; Respondent: Makachivei Maromo
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
7 July 2008
Case Number
EP 64 of 2008
Procedural Posture
Election Petition / Judgment
Outcome
petition dismissed as a nullity
Legal Topics
Service of Process, Statutory Compliance, Election Petitions
Source Language
English
Electoral Law Service of Process Statutory Compliance Election Petitions

Case Brief

Summary, issues, holding and outcome

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Parties

Cyril Muradzi

Petitioner

Makachivei Maromo

Respondent

Procedural Posture

Election Petition / Judgment

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

Service of the petition was invalid as it was effected outside the statutory 10 day period and at an improper location, contrary to s 169 of the Electoral Act. The court has no power to condone such breaches, rendering the petition a nullity.

Court Disposition

petition dismissed as a nullity

Orders

  • The petition is a nullity by reason of non-compliance with s 169 of the Electoral Act.
  • The petitioner is to pay the respondent's costs.