Judgment No. SC 69/15 12 Civil Appeal No. SC 9/14 In the result, I find that while the court a quo, in the absence of procedural or other legal barriers, would have had the jurisdiction to hear the matter on the merits, its decision to dismiss the application is one that this Court may not properly interfere with. In all respects therefore, I am satisfied that the appeal has no merit and ought to be dismissed. 2.2 Lacuna While this finding is dispositive of the appeal, I find it pertinent to consider the second issue raised thereby, since it seems to have actively exercised the minds of both the court a quo and the parties. This is the question of whether or not a lacuna existed in the law, to the extent and with the effect alleged. I have determined that there were no jurisdictional impediments to the hearing and determination, by the court a quo, of the type of dispute that the appellant brought before it. I have also found, however, that the court could not have properly heard the matter in the absence of interested parties whom the appellant failed to cite. I find further that had all interested parties been cited and heard, and assuming the appellant would have proved his case, the court would have in my view been properly placed to grant an order in terms of s 70(5) of the Act. The order would have set out such conditions for the unsealing of the boxes and packets as would safeguard the rights of all other interested parties. While any rules the legislature might wish to enact in this respect may serve to elaborate on the type of conditions that may guide the process of unsealing election boxes without at the same time exposing