machines thus committing an illegal act of bribing voters. This act alone is
sufficient to nullify the 1st respondent’s election as a Member of Parliament.
I shall deal with the 1st, 2nd and 3rd issues together. The said issues state as
follows:
1. Whether the learned trial judge failed to properly record the evidence.
2. Whether the learned trial judge failed to evaluate the evidence on
record and thus came to a wrong conclusion.
3. Whether the learned trial judge erred in law when she placed a higher
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standard of proof on the petitioner than required by law.
The above issues were formulated by the appellant in the conferencing notes.
Mr Bakayana, learned counsel for the appellant submitted half-heartedly on the
complaint that the learned trial judge failed to record all the evidence during
cross-examination. However he did not specifically point out areas where the
trial judge failed to record essential evidence.
Rule 87 of the Judicature (Court of Appeal Rules) Directions governs the
contents of the record of appeal. It states:
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“(1) For purpose of an appeal from the High Court, in its original
jurisdiction, the record of appeal shall, subject to subrule(3) of this rule,
contain copies of the following documents(a) An index of all the documents in the record with the numbers of the
pages at which they appear;
(b) A statement showing the address for service of the appellant and the
address for service furnished by the respondent and, as regards any
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