Savanhu v Denga & Anor (EP 28 of 2008) [2008] ZWHHC 55 (1 July 2008)

Savanhu v Denga & Anor (EP 28 of 2008) [2008] ZWHHC 55 (1 July 2008)

The petition was served outside the statutory 10 day period and at an improper place, both in contravention of s 169 of the Electoral Act. The court has no power to condone such breaches. The petition is therefore a nullity.

Citation
[2008] ZWHHC 55
Parties
Petitioner: Tendai Savanhu; First Respondent: Piniel Denga; Second Respondent: Zimbabwe Electoral Commission
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
1 July 2008
Case Number
EP 28 of 2008
Procedural Posture
Electoral Petition / Judgment
Outcome
petition dismissed as a nullity
Legal Topics
Service of Process, Statutory Compliance, Nullity of Proceedings
Source Language
English
Election Law Civil Procedure Service of Process Statutory Compliance Nullity of Proceedings

Case Brief

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Parties

Tendai Savanhu

Petitioner

Piniel Denga

First Respondent

Zimbabwe Electoral Commission

Second Respondent

Procedural Posture

Electoral 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 first respondent’s political party constitutes valid service under the Act

Ratio Decidendi

The petition was served outside the statutory 10 day period and at an improper place, both in contravention of s 169 of the Electoral Act. The court has no power to condone such breaches. The petition is therefore a nullity.

Court Disposition

petition dismissed as a nullity

Orders

  • Petition declared a nullity for non-compliance with s 169 of the Electoral Act
  • Petitioner to pay the respondents’ costs