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The High Court nullified land tribunal proceedings after finding witness evidence had not been signed as required, quashed the judgment and decree, and ordered a retrial.
The absence of the trial chairperson's signature at the end of each witness's testimony renders the evidence unauthenticated, vitiates the authenticity of the proceedings, and constitutes a fatal procedural error necessitating nullification and retrial.
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The trial judge's failure to authenticate witness testimony by signature is an incurable irregularity, rendering the trial a nullity and requiring the conviction and sentence to be quashed and a retrial ordered.
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Failure to properly label the exhibits and failure to issue receipt after seizure constitute fatal procedural omissions under applicable laws and guidelines, rendering the exhibits incompetent and inadmissible.
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Court of Appeal held the trial judge's failure to sign each witness's evidence was a fatal irregularity, quashed the conviction, and refused retrial.
The Court of Appeal quashed the murder conviction and ordered a retrial after finding fatal trial irregularities involving assessors and unsigned testimony.
The absence of the trial judge's signature after recording each witness's evidence is an incurable irregularity that renders the proceedings unauthentic and a nullity, necessitating nullification of the trial and a retrial.
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The failure of the trial judge to sign the evidence of each witness is an incurable irregularity that renders the proceedings a nullity, as it undermines the authenticity and validity of the record. Consequently, the trial and conviction are quashed and a retrial is ordered.
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The Court held that for a foreign document to be admissible under section 38(2) of the Mutual Assistance in Criminal Matters Act, it must satisfy one condition from subsection (a) and one from subsection (b), not all conditions cumulatively. However, the documents in question failed to meet these requirements because they were certified or sealed by individual states within the United States, not by the United States of America as a country. The affidavits were also inadmissible as they did not comply with the statutory requirements and affidavit evidence is not generally permitted in crimina…
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For a foreign document to be admissible under the Mutual Assistance in Criminal Matters Act, it must satisfy one condition from section 38(2)(a) and one from section 38(2)(b), not all conditions cumulatively. However, documents certified or sealed by individual states of the USA do not satisfy the requirement of being from a 'foreign country' as intended by the Act. Affidavits are not admissible in criminal proceedings unless they meet the statutory exceptions, which were not present in this case.
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