grounds relied upon to sustain the
prayer of the petition and
c)
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3)
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4)
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5)
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6)
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7)
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8)
The petition shall be accompanied by
an affidavit setting out the facts on
which the petition is based together
with a list of any documents on which
the petitioner intends to rely.
This rule which is coached in mandatory terms is, to my mind, the foundation upon
which pleadings, on the part of the petitioner, that will ensure fair trial of the petition
from the point of view of the respondent, is based.
The Civil Procedure Rules made under the Civil Procedure Act which also apply to
trials of election petitions, have substantially similar provisions.
The necessity and purpose of a clear system of pleadings in litigation cannot be
underrated. Oder J.S.C, as he then was, in Interfreight Forwarders (U) limited and
East African Development Bank stated thus:“The system of pleadings is necessary in litigation. It
operates to define and deliver it with clarity and
precision the real matters in controversy between