legislation must be strictly complied with. That is, the election court has little or no
discretion to waive non-compliance with rules and the law.
57. (1) The returning officer shall return the name of the member elected by endorsing
on the writ a certificate in Form 1 in the Appendix hereto.
[22]
Mr. Marshall Jr. learned Counsel said that the person who endorsed the writs has not
given any evidence, to the court, as to when it was so endorsed and Ms. Lorna Simon not
being the person who carried out the endorsement has not given evidence as to who
endorsed it and when. Therefore a determination of the date of endorsement requires an
assumption on the part of the court. That assumption being firstly, that the Returning
Officer endorsed the Writ and secondly that it was endorsed on 13th March, 2009.
[23]
Next, learned Counsel Mr. Marshall Jr. said that the second issue raised is the
computation of time. He referred the Court to section 63 of the Representation of the
Peoples Act which states:
“The High Court shall, subject to the provision of this Act, have the same powers,
jurisdiction and authority with respect to an election petition and the proceedings
thereon as if the petition were an ordinary action within its jurisdiction.”
In laying the foundation for his arguments, Mr. Marshall submitted that the computation of
time is similar to an ordinary action within the jurisdiction. By Part 2.2 of the Civil
Procedure Rules of 2000, the rules apply to ordinary actions within the jurisdiction.
Learned Counsel Mr. Marshall urged the Court to accept that the Civil Procedure Rules
2000 (CPR 2000) are applicable to the computation of time for presentation of the
petitions.
[24]
Mr. Marshall Jr. argued that several cases have raised the issue as to whether the Civil
Procedure Rules can be used to extend time where the legislation has made the element
of time a condition precedent. In the case at bar, there is no invoking of the rules to utilise
the power of the court to extend time or to act in any way contrary to the Act. The Rules
are being invoked to compute the time specified. There is nothing that prevents the Court
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