Election Petitions (568)
HELD:
"Talking about disenfranchisement, a voter is disenfranchised when his right to vote is denied him.
HELD:
"...the appellants' cause of action accrued to him on the 31st May, 2022 when he complained about the public declaration by the 2nd Respondent that he was the winner of primary election at which the Appellant scored the highest votes, but his name was not nominated as the 1st Respondent's candidate for the election in question.
HELD:
"It is appropriate to note at this stage that the earlier position of this Court with regard to when the cause of action accrued in a pre-election matter, was that the cause of action accrued from the date the plaintiff became aware of the infraction complained of.
HELD:
"The limitation period prescribed by a particular statute (or the Constitution) cannot be extended unless the legislation specifically provides for an extension.
HELD:
"Section 285(9) of the 1999 Constitution, as altered, provides: "285(9) Notwithstanding anything to the contrary in this Constitution, every pre-election matter shall be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit.
HELD:
"The point must be emphasized that it is only a candidate who actually participated in the entire process of the primary election that would be imbued with locus standi to complain about the election.
