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The trial court's judgment was invalid as it failed to comply with the mandatory requirements of section 312(1) and (2) of the Criminal Procedure Act, lacking points for determination, analysis, and proper alignment of convictions and sentences, necessitating its quashing and remittal for a fresh judgment.
Source excerpt
The Court of Appeal held that a High Court judgment delivered without notice to the parties was invalid, nullified the proceedings, and directed proper delivery on notice.
Omission to enter a conviction after a finding of guilt is a fatal irregularity that renders the judgment and sentence a nullity; such omission cannot be cured under Section 388 of the Criminal Procedure Act, and the appellate court erred in entering conviction. The proper course is to quash the proceedings and remit the matter to the trial court for a valid judgment.
Source excerpt
The Court of Appeal struck out the appeal after holding that a judgment pronounced by a Senior Deputy Registrar, rather than the presiding judge, was invalid.
The Court of Appeal held the lower-court proceedings were a nullity because the appellant lacked capacity to sue and the assessors’ participation was irregular.
The Court of Appeal held the proceedings were a nullity because the appellant lacked capacity to sue and the assessors who opined had not heard the case.
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