JONATHAN     NATHANIEL     MOYO

v

ROSELINE     NKOMO

IN THE SUPREME COURT OF ZIMBABWE

GWAUNZA JA, GARWE JA & GUVAVA JA

BULAWAYO, JULY 26, 2014 & JULY 30, 2014

T Hussein, for the Appellant

T Biti, for the Respondent

GWAUNZA JA:       This is an appeal against the entire judgment of the Electoral Court, Bulawayo, handed down on 31 January 2014.

The brief facts of the matter are as follows:

The appellant was a candidate for the National Assembly seat for Tsholotsho North Constituency in Matabeleland North Province in the harmonised elections held on 31 July 2013.  He was a nominee of the ZANU (PF) political party.  The respondent was also a candidate for the same seat representing the MDC-T political party.  The respondent was declared the winner of the National Assembly election in respect of the said constituency.  The appellant was not satisfied with this outcome and filed a petition in terms of s 167 of the Electoral Act [Cap 2:13] (“the Act”)