Firstly, the Election was held on Thursday the 12th day of March, 2009. The Return
was being assumed on Friday the 13th day of March, 2009. Between the 13th March
and the day of filing the Petition which was the 23rd March, 2009 there were ten (10)
calendar days, inclusive of both days. During that period, there was one public holiday
being the 13th March, 2009. There was also two (2) Saturdays being the 14th and the
21st March, 2009 and two (2) Sundays, being the 15th and the 22nd March, 2009.
That I am advised by Counsel and do verily believe that in computating time as set out
in Section 45 of the Representation of the Peoples Act, regard must be had to Section
63 of the said Act which governs the Jurisdiction and Procedure to be adopted in
Election Petitions. This Section stipulates that the ‘High Court shall have the same
powers, jurisdictions and authority with respect to an Election Petition and
proceedings thereon as if the Petition were an ordinary action within its jurisdiction”.
I am advised by Counsel and do verily believe that this Section of the Act incorporates
the Civil Procedure Rules of 2000. These are the rules applicable to all Civil
Proceedings in the High Court by reason of Part 2.2 of those rules.
Counsel further advised me that the computation of time is set out at Part 3.2. By this,
the day on which the period begins and ends, public holiday, Saturday and Sunday
would be excluded from the computation of the seven (7) day period. In fact, no day
that the Registry is closed would be included. The said period would therefore run from
16th to 24th March, 2009.”
[14]
Mr. Paul Chet Greene’s Petition
The Court now examines Mr. Greene’s petition. Mr. Greene’s petition is supported by a
first affidavit in support, together with exhibits. The Process Server, Mr. Carl Andrew has
filed an affidavit of service in which he stated that he served Ms. Lorna Simon with the
petition and the first affidavit in support of the petition on the 26th March, 2009. Mr. Andrew
6