facts disclose
material facts and cause of action though not complete
cause of action, the election petition need not be dismissed
at the threshold. However ... pleaded disclose a cause of action and not complete
cause of action. The limited inquiry is only to see whether the
petition should be thrown
election petition.
32) The election petitioner nowhere in the
election petition has stated that he has a cause of
action to institute the election petition ... giving a cause of action
to the election petitioner.
34) In the absence of cause of action, an
election petition cannot survive
action for
filing the election petition. Prima facie, the election petitioner has
narrated in the election petition regarding the non-disclosure of
election expenditure incurred ... time of
final hearing of the election petition. Since the election petition
discloses cause of action and the election petition needs to be tried
their
array in the election petition.
4. The election petitioner has filed the election petition to set aside the
election of the first respondent ... cause of action. In a petition based on the
allegation of corrupt practices the cause of action cannot be
equated with the cause of action
action to file the election petition; that the entire pleadings in the election petition does not disclose any cause of action; that no triable issues ... constitute a cause of action; that so long as the election petitioner is unable to show any cause of action, the election petition is liable
disclose any cause of action, the cause of action being a
bundle of facts, reading of the pleadings in the election petition as a
whole ... want of cause of action is not
permissible. Cause of action being the bundle of facts, the entire
pleadings in the election petition
election petitioner have been stated in the
election petition. Therefore, the question of dismissing the election
petition on the ground of no cause of action ... election petition by the
first respondent/election petitioner.
57. For the purpose of determining whether the election
petition discloses cause of action, the Court must
dates and no cause of action arose on those dates, as alleged.
2.10. The election petitioner, no where, in the Election Petition has established with ... cause of action. In a petition on the allegation of corrupt practices the cause of action cannot be equated with the cause of action
action for filing the election petition are set out in paragraphs 17(1) to 17(8)
of the election petition and that the election petition ... action for filing the election petition
are set out in paragraphs 17(1) to 17(8) of the election petition and that the
election petition
their array in the election petition.
[4] The election petitioner has filed the election petition to quash the
election of the first respondent as returned ... cause of action. The first respondent simply stated that the election petitioner
has failed to disclose the cause of action to maintain the election petition
