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The failure to record reasons for the transfer of the case file between chairpersons and the failure of the presiding chairman to record assessors' opinions constituted fatal irregularities, vitiating the proceedings and judgment of the District Land and Housing Tribunal.
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The High Court quashed two irregular judgments issued by the District Court of Nkasi in one matrimonial appeal and ordered a proper judgment to be composed and delivered.
The High Court nullified land tribunal proceedings after unexplained changes of chairpersons and a judgment delivered by a chairperson who had not heard the case.
The judgments and proceedings were quashed due to procedural irregularities, specifically the failure to properly enter conviction and lack of clarity in court records, necessitating a fresh judgment by a competent magistrate.
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The Court of Appeal nullified High Court proceedings because the case was repeatedly transferred between judges without recorded reasons and remitted it for a fresh hearing.
Failure by the successor judge to record reasons for taking over the trial from the predecessor judge is a material irregularity under Order XVIII rule 10(1) of the Civil Procedure Code, rendering the proceedings, judgment, and decree a nullity and necessitating a retrial before a competent judge.
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Failure by the successor judge to record reasons for taking over the trial from the predecessor judge, as required by Order XVIII rule 10(1) of the Civil Procedure Code, rendered the proceedings irregular and highly prejudicial, necessitating the quashing of the proceedings, judgment, and decree, and ordering a fresh trial before another judge.
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The successor judge's failure to record reasons for taking over the case was a fatal irregularity, vitiating the proceedings, judgment, and decree. The unsigned or improperly signed decree also rendered the appeal incompetent.
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The successor judge's failure to record reasons for taking over the case was a material irregularity that vitiated the proceedings, judgment, and decree, necessitating a retrial before a competent judge.
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