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The trial magistrate entered a plea of not guilty despite the applicant's admission, but proceeded as if it was a guilty plea, failing to call prosecution witnesses. This procedural irregularity rendered the proceedings and conviction a nullity.
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The Court of Appeal set aside land proceedings where a successor chairman took over without recorded reasons and assessor opinions were not properly recorded.
The High Court held that a Court of Appeal order for a fresh trial, unless qualified, nullifies prior proceedings including preliminary hearing and requires a restart from plea taking.
The omission by the DLHT to record what transpired at the locus in quo constituted a fatal procedural irregularity, resulting in a miscarriage of justice and vitiating the proceedings from that date onward. The High Court erred in evaluating the evidence and determining the appeal on merit without first addressing this irregularity. The proper remedy is to nullify the proceedings and order a fresh trial.
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The failure of the District Land and Housing Tribunal to record what transpired during the visit to the locus in quo constituted a fatal procedural irregularity that vitiated the proceedings from that stage onward, rendering both the DLHT and High Court judgments null. The proper remedy is to nullify the proceedings and order a fresh trial from the stage of the visit to the locus in quo.
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The trial tribunal's failure to properly involve assessors as required by Regulation 19(2) of the Land Disputes Courts (District Land and Housing Tribunal) Regulations, 2003 is a fatal irregularity that nullifies the proceedings, judgment, and decree.
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The failure to show the list of tribunal members during the hearing and at the locus in quo was a fatal irregularity that vitiated the proceedings, making it impossible to ascertain compliance with statutory requirements regarding tribunal composition.
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The High Court quashed land tribunal proceedings as a nullity after finding both sides relied on uncertified copies and failed to produce the original document or its author.
The proceedings before the Principal Resident Magistrate with Extended Jurisdiction were null and void for want of jurisdiction but could be severed from subsequent valid High Court proceedings. However, the trial judge mishandled the insanity defence by pre-empting the issue before hearing evidence and submissions, resulting in a mistrial and vitiating the proceedings before the High Court judge.
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The High Court quashed a district court employment judgment after finding no evidence had been taken and the issues had not been properly tried, ordering a retrial.
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