Principle

APPELLATE PRACTICE β€” Right of Appeal β€” Interpretation of Finality Provisions β€” Substance Over Form

Area of law
APPELLATE PRACTICE
Court
Supreme Court

When interpreting finality provisions in election matters, the court examines the substance, not the form, of the proceeding. If the substance is an election petition, the finality provision applies. The Supreme Court lacks jurisdiction. The appellant cannot avoid finality by characterising the proceeding differently. The…

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