Index

• Pages: 1-49

INDEX

Applications in election petition

APPLICATION FOR STRIKING OUT PETITION

Application to strike out petition, 1.

Application to strike out the petition and proceed to do substantial justice. 2.

Brief of argument need not be considered where notice of appeal is struck out. 3.

Effect of striking out offending paragraphs of a petition. 4.

Effect of striking out order. 5.

Effect where part of statement of claim is struck out. 6.

Effect of striking out offending paragraphs of a petition. 7.

Effect where party is struck out as party to an action. 8.

Effect where part of statement of claim is struck out. 9.

Power of Court of Appeal to strike out invalid notice of appeal. 10.

Striking out of preliminary objection. 11.

Striking out of non-juristic persons. 12.

Treatment of arguments based on issues which have been stuck out. 13.

Whether and when preliminary objection need be supported by affidavit. 14.

Where an election petition is struck out for lack of jurisdiction to try electoral offences. 15.

When election petition may be struck out. 16.

When Election Tribunal can entertain application for striking out petition. 17.

When to strike out name of a party. 18.

Where election petition will be struck out for non-joinder of parties. 19.

Where a non juristic person sues or is sued in error, it must be struck out of the proceedings.

20.

Where averments in election petition will be struck out for vagueness. 21.

Who can apply to strike out name of respondent improperly joined to election petition. 22.

APPLICATION TO SET ASIDE ELECTION PETITION

Can an application to set aside an election for irregularity be allowed if not made within a

Reasonable Time or before the Applicant takes any fresh step. 23.

Can entering unconditioned appearance be enough notice of objection on election petition. 24.

References are to paragraph numbers

[1]

[2] Vol. 2 Pt. i Index

References are to paragraph numbers

Determining what amount to “taking fresh step” in an election petition to bar application to

set same aside for incompetence. 26.

Effect where relief sought in an application is abandoned. 27.

Purpose of requirement that application to set aside Election petition should show ground

for objection. 28.

What an Application to set aside an Election petition must show. 29.

What an application to set aside an election petition must show. 30.

When an application to set aside an election petition must be made. 31.

When an application to set aside an election petition shall not be allowed. 32.

When appellate Court can set aside decision of lower Court. 33.

When application to set aside an election petition or a proceeding resulting therefrom for

irregularity or from being a nullity shall be allowed. 34.

When application to set aside election petition or proceeding arising therefrom must be

made and determined. 35.

When application to set aside an Election petition or a proceedings resulting therefrom from

irregularity or for being a nullity shall be allowed. 36.

When application to set aside election petition shall not be allowed. 37.

When becomes Court functus officio. 38.

When to make an application to set aside an election petition. 39.

When to make an application to set aside election petitions or proceedings resulting therefrom. 40.

When to make and hear application to set aside election petition for irregularity. 41.

When to make application to set aside election petition or proceedings resulting therefrom. 42.

APPLICATIONS

Applicant to furnish the Court with necessary materials. 43.

Application not based on an existing suit. 44.

Can a Court decide on an application not argued before it. 45.

Court duty to hear applications before it. 46.

Court duty when faced with two applications one for dismissal of suit and another for

extension of time. 47.

Court to entertain all applications properly filed. 48.

Court’s duty in considering applications before it. 49.

Court’s duty not to determine substantive matter at interlocutory stage. 50.

Court’s duty to hear applications filed before it. 51.

Court’s refusal to hear or fix a date for hearing of an application duly filed before it. 52.

Duty on Court to determine all applications brought before it and rationale therefore. 53.

Duty on Court to hear all applications before it. 54.

Duty on Court to hear all applications brought before it. 55.

Duty on Court to rule on every application brought before it. 56.

Ex parte applications made under Order xxx111 rules 8 and 10 of the Federal High Court rules,

1976 and Section 33(1) of 1979 Constitution. 57.

Applicatin in Election Petition

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Vol. 2 Pt. i Index

References are to paragraph numbers

Exercising discretion in an application for extension of time. 58.

Need for an application in an Election matter to be brought pursuant to the relevant statutes. 59.

Need for Court not to consider extraneous facts while deciding application before it. 60.

Need for Court to be compassionate while considering application that will affect a large

section of the citizen. 61.

What should guide the Court in deciding whether an application is of urgent nature or not to

be heard during vacation? 62.

APPLICATIONS MADE BEFORE COURT

Appellate Court’s duty where trial Court failed to hear and determine an application before it. 63.

Application for further and better particulars and failure of party to file same. 64.

Attitude of Court to application for stay of proceedings. 65 .

Contents of application to set aside an election petition. 66.

Court’s duty to ensure proper commencement of action before it. 67.

Determinant of order of hearing multiple applications pending before Court. 68.

Determination of order of hearing two pending applications before a Court. 69.

Duty of trial Court in respect of applications before it. 70.

Duty on Court faced with two applications for dismissal of suit and for extension of time to

regularize respectively. 71.

Duty on Court to determine pending application before delivery of judgment. 72.

Duty on Court to entertain all applications properly filed. 73.

Duty on Court to pronounce on every application duly field before it and effect of failure to

do so. 74.

Rule of priority of hearing two opposing applications. 75.

Stay of proceedings 76.

What application to dismiss case on ground of law presupposes. 77.

ENLARGEMENT AND ABRIDGMENT OF TIME IN TAKING SOME PROCEDURAL STEPS

IN ELECTION PETITION

Can time-limit for filing election petition be extended. 78.

Effect of failure to apply for issuance of pre-hearing notice within the time stipulated in an

election petition. 79.

Effect of failure to comply with the requirement of pre-hearing notice in an election petition. 80.

Power of Court of Appeal to extend time for filing of brief in election petition appeal. 81.

Power of election Tribunal to grant extension of time to file objection to list of votes. 82.

Time limit for filing election petition. 83.

Time within which to file an election petition. 84.

When petitioner entitled to file reply to answer to election petition. 85.

Applicatin in Election Petition