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The appellate tribunal's omission to properly involve assessors in hearing and determination of the appeal, including failure to record or read their written opinions, constitutes a fatal procedural error that vitiates the proceedings and judgment, necessitating nullification and retrial.
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The High Court nullified land tribunal proceedings for defective assessor composition, set aside the judgment and decree, and ordered a retrial.
The appellants were denied the right to be heard as the trial tribunal proceeded ex parte despite sufficient notice of their absence due to bereavement, violating the constitutional right to a fair hearing. The ex parte proceedings and resulting judgment are null and void.
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The trial court lacked jurisdiction as the certificate conferring jurisdiction was not properly admitted and cited the wrong legal provision, rendering the proceedings and judgment null and void.
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The Court of Appeal held that the accused had been properly arraigned and need not be reminded of the charge at trial. It set aside the High Court retrial order.
The High Court allowed a second appeal, set aside the retrial order, and restored the trial court’s divorce and property-division decision.
The first appellate court erred by deciding the case on matters it raised suo motu and by refraining from considering the grounds of appeal and submissions of the parties, thereby denying the parties the right to be heard.
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High Court second appeal on improperly admitted exhibits in a tractor sale dispute. The court found a flawed evidence process and ordered a retrial.
The Court of Appeal upheld a retrial order after the CMA record went missing, holding that revisional review could not proceed without the arbitration proceedings.
The High Court allowed a land appeal in part, quashed a Tribunal dismissal for limitation, and ordered a retrial, holding the cause of action may have arisen when the dispute emerged.
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