For the second time the Supreme Court has required the Petitioner to file a witness statement by Wednesday January 27, 2021 in Election 2020 Petition.
The seven member panel said that failure to send the witness statements would oblige the Court to call for Rule 69 of CI 16, as amended by CI 99, to enforce sanctions.
The Court has the right under Rule 69 to dismiss the petition or charge the petitioner with punitive costs.
The Court said it was not ready to hear any application because the lawyers of the petitioner had failed to comply with the Court’s orders by presenting their witness statements and legal objections.
According to the Supreme Court, “we don’t appreciate a party to seek further audience if it had not complied with the orders,” and that, “Case Management Conference (CMC) should not be compromised.”
With the exception of the petitioner, the Court noted that all the parties had made witness statements.
Mr. Tony Lithur, the Petitioner’s counsel, told the Court at the resumed sitting that they had filed their review request and others but had not been able to present their witness statements.
According to Mr Lithur, the decision of the Supreme Court on the review application would help them prepare their witness statements.
Meanwhile, the Court has adjourned the case to Thursday, January 28, 2021.
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