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The conviction was quashed because the appellant was charged and convicted under non-existent and incorrect legal provisions, and the amendment of the charge at the judgment stage was irregular and resulted in a failure of justice that could not be cured under section 388 of the Criminal Procedure Act.
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The High Court dismissed a land appeal, holding that failure to read assessors’ written opinions to the parties did not vitiate proceedings absent prejudice.
The trial tribunal's decision was based on a sale agreement not tendered or admitted in evidence, resulting in a miscarriage of justice. The appellant proved ownership by inheritance, supported by the second respondent.
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Irregular attendance and involvement of assessors during trial was fatal, vitiated proceedings, and cannot be cured under section 45 as it occasioned failure of justice; entire proceedings, judgment, and decree are nullified.
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Non-joinder of the Msolwa Village Council, a necessary party, occasioned a failure of justice as the dispute could not be conclusively and fairly determined without its presence. The trial proceedings and judgments are annulled.
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The procedural irregularities in the Ward Tribunal proceedings did not occasion a failure of justice; the issue of locus standi and letters of administration was not in contention at trial and was improperly raised as a point of law on appeal; the first appellate Tribunal erred in quashing the Ward Tribunal's decision on these grounds.
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The absence of a court order specifying the nature and extent of amendments to the plaint, coupled with material variance between the original and amended plaints, vitiated the trial and occasioned a failure of justice, rendering the proceedings and judgment a nullity.
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Conviction and sentence based on a non-existing law renders the charge defective, affects the court's competency, and occasions failure of justice; thus, the conviction and sentence must be quashed.
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The High Court set aside a District Land and Housing Tribunal decision because the record lacked the site-visit notes it had relied on, and ordered a retrial.
The Court of Appeal allowed a rape appeal after finding the charge sheet defective and confusing, citing a non-existent section and causing a failure of justice.
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