A petition was filed at the Electoral Tribunal by the appellant. In the course of the proceedings the counsel to the 1st Respondent applied for the petition to be struck out by the reason that the Court lacks jurisdiction to continue an enquiry into the matter, having regards to the appellant's absence.

The petition was struck out by the tribunal on the grounds that it lacked jurisdiction. The appellant, dissatisfied with the decision of the tribunal appealed in contention that the appeal was wound up on the ground that the time limit allowed by the law had lapsed.