Requirement to hold a hearing in the last instance

Representation Of The People Act, Chapter 9, Revised Edition(2000-12-31)

PART VIII

Disputed Elections

55. Appeal onquestion of law against determination under section 53 and any other decisionof Election Judge which finally disposes of election petition.

An appeal tothe Court of Appeal shall lie on any question of law, but not otherwise,against-

(a) the determination of an Election Judge under section 53; or

(b) any other decision of an Election Judge which has the effect of finallydisposing of an election petition.

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(4) Everyappeal under this section shall, as far as practicable be given priority overother business of that Court. The Court may give all such directions as it may consider necessary inrelation to the hearing and disposal of each appeal.

(5) TheAttorney-General shall be entitled to appear or be represented in any appealunder this section.

57. Powers ofthe Court of Appeal.

-(1) The Courtof Appeal may, upon any appeal preferred under section 55, affirm, vary orreverse the determination or decision of the Election Judge to which the appealrelates.

(2) Where theCourt of Appeal reverses on appeal the determination of the Election Judgeunder section 53 that Court shall decide whether the member whose return orelection was complained of in the election petition, or any other, and if sowhat person, was duly returned or elected, or whether the election was void,and a certificate of such decision shall be issued by that Court.

(3) The Courtof Appeal may, in the case of any appeal under section 55, order that theelection petition to which the appeal relates shall be tried anew in itsentirety or in regard to any matter specified by that Court and give suchdirections in relation thereto as that Court may think fit.

(4) The Courtof Appeal may make any order which it may deem just as to the costs of theappeal and as to the costs of and incidental to the presentation of theelection petition and of the proceedings consequent thereon, and may by suchorder reverse or vary any order as to costs made by the Election Judge.

(5) Thedecision of the Court of Appeal on any appeal shall be final and conclusive.

The Elections and Boundaries Commission,