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June 2019
Kalilani and 8 Others v Jiva and 10 Others (Electoral Case of 2019) [2019] MWHCCiv 10 (12 June 2019)
A s.114 appeal requires a prior Commission decision on an alleged irregularity; absent that, the petition was incompetent and dismissed.
Electoral law — Parliamentary and Presidential Elections Act s.114 — appeal lies only against a Commission decision confirming or rejecting an irregularity; exhaustion of MEC complaints procedure required; non-exercise by Commission may be judicial review; petition dismissed as incompetent.
12 June 2019
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