This was a second appeal from the high court
sitting as the first appellate court in a decision
from the chief magistrate’s court. The
background is that the appellant and the
respondent contested for office in which the
respondent was returned as the validly elected.
The appellant sued successfully at the chief

magistrate’s court where the judge set aside the
return of the respondent and declared the
appellant as the validly elected plus the costs of
the suit. On appeal, the appellant was
condemned to pay a part of the costs and the
seat was instead declared vacant hence this
appeal on the grounds of denial of the costs of
the suit, nullification without justification.