Index

• Pages: 1-43

INDEX

Address for service in election petition

ADDRESS FOR SERVICE

Address for Service,1.

Certificate and affidavit of service, 2.

Effect of failure to include the address of service and the name of the occupier thereof in

election petition, 3.

Need for election petition to contain address of petitioner service and name of occupier, 4.

Rationale for requiring address for service in election petition, 5.

Requirement for a petitioner in an election petition to give an address for service, 6.

Requirement of an address of the petitioner for service, 7.

What election petition must contain under paragraph 5(4) of Schedule 6 to the national

assembly (basic constitutional and transitional provisions) Decree No. 3 of 1999, 8.

Who requires notice of address for service in appeal to the Supreme Court, 9.

ADDRESS IN ELECTION PETITION AND NAME OF OCCUPIER

Compliance with paragraph 5(4) schedule 5 of Decree of 1999, 10.

Compliance with statute providing for an occupier to be mentioned, 11.

Content of an Election Petition, 12.

Effect of the failure of a petitioner to state the name of the occupier’s name against the

address he relied upon for service in the petition, 13.

Effect of failure of election petition to state the name of the occupier for service in the

petition, 14.

Effect of non-compliance with paragraph 5(4) or Schedule 5 to Decree No. 5 of 1999, 15.

Essence of an address for service and name of occupier of address in an election petition, 16.

How to state the name of Occupier of Address for Service, 17.

Need for petitioner to provide address within 5km radius of the Tribunal and effect of failure

to so provide, 18.

“Occupier”, 19.

Requirement for address of petitioner and name of occupier in an election petition, 20.

What election petition should contain, 21.

References are to paragraph numbers

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References are to paragraph numbers

Whether a body corporate can qualify as occupier, 22.

Whether petitioner must furnish name of occupier of address for service under Decree 3

(1999), 23.

ADDRESS OF SERVICE

Effect of failure of election petitioners to state the name of the occupiers of his address for

service in the petition, 24.

Election petition should contain address of the petitioner for service, 25.

Need for petitioner to provide addresses within 5km radius of the Tribunal and effect of

failure to provide, 26.

ADDRESS OF COUNSEL/PURPOSE OF ADDRESS

ADDRESS OF COUNSEL/PURPOSE OF ADDRESS

Can address be a substitute for evidence, 27.

Can address of counsel be a substitute for evidence, 28.

Can address of counsel constitute evidence, 29.

Can cases be decided on counsel’s addresses, 30.

Discretion of counsel to address Court, 31.

Importance of address of counsel, 32.

Importance of counsel’s addresses or briefs of argument, 33.

Importance of final addresses and effect where denied, 34.

Nature of right to make final address and effect where denied, 35.

Order of making final addresses, 36.

Purpose of address by counsel, 37.

Purpose of address of counsel and whether it’s substitute for evidence, 38.

Raising an issue of act in counsel’s final address, 39.

Right to make final address, 40.

The effect of a final addresses by a counsel to the place of legal proof, 41.

What constitutes final address before judgment, 42.

Whether address can substitute for evidence, 43.

Whether addresses of counsel substitute for evidence, 44.

BRIEF OF ARGUMENT

Attitude of an appellate Court to a defective brief of argument, 45.

Bindingness of briefs of argument on parties, 46.

Brief of argument, 47.

Can a party approbate and reprobate on issues in his brief, 48.

Can an appellant rely on the weakness or defectiveness of the respondent’s brief, 49.

Can same party approbate and reprobate on issues in his brief, 50.

Consequences of failure to file briefs, 51.

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References are to paragraph numbers

Effect of defect in a brief of argument, 52.

Effect of failure of an appellant to file a reply brief within the specific time, 53.

Effect of failure of respondent to file brief of argument, 54.

Effect of filing brief of argument out of time without order for extension of time, 55.

Function of reply brief, 56.

Nature of reply brief and when necessary, 57.

Need for counsel to use decent language in brief of argument, 58.

Need to consider bad brief, 59.

Propriety of exhibiting document in a brief of argument, 60.

Purpose of brief writing, 61.

Qualities of a good brief, 62.

Rules governing reply brief, 63.

Scope of counsel’s argument in appellate brief of argument, 64.

Time limit for filing briefs of argument in appeal from Election petition Tribunal to Court of

Appeal, 65.

Treatment of arguments in briefs not pressed in oral arguments, 66.

What reply brief must contain, 67.

When Court will not consider preliminary issues raised in brief, 68.

When to file an appellant’s brief, 69.

Whether an appeal must succeed where it is heard on an appellant’s brief alone, 70.

Whether oral argument allowed on behalf of party who filed no brief in appeal from Election

Petition Tribunal to Court of Appeal, 71.

WRITTEN ADDRESS

Affidavit evidence, 72.

Importance of addresses of counsel, 73.

Principles governing filing of written addresses, 74.

Proper course where trial Court orders written address, 75.

Right to make final addresses, 76.

APPEAL

ABANDONED BRIEF

Abandoned brief of argument, 77.

Error of Court in considering an abandoned brief, 78.

Should an appellate Court consider issues raised in an abandoned brief of argument?, 79.

ABSENCE OF COUNSEL

Absence of party to argue his appeal where briefs have been filed, 80.

Appeal