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The trial was conducted by a Senior District Magistrate in a Court of Resident Magistrate, rendering the court improperly constituted and the proceedings a nullity. The conviction and sentence were quashed and set aside.
Source excerpt
The trial was a nullity because it was conducted by a District Magistrate in a Resident Magistrate's Court, contrary to Section 6(1)(c) of the Magistrates Courts' Act, 1984. The court was not duly constituted, rendering all proceedings, conviction, and sentence invalid.
Source excerpt
The High Court held that a primary court hearing became a nullity when one assessor withdrew without any recorded reason, and ordered a retrial.
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