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The proceedings were nullified due to the successor magistrate's failure to assign reasons for taking over the case as required by section 214(1) of the CPA. Additionally, the prosecution failed to establish the element of trafficking, and conviction cannot be based on the weakness of the defence. The conviction and sentence were quashed and the appellant ordered to be released.
Source excerpt
The Court of Appeal upheld most of a land recovery judgment, rejecting limitation, evidence, locus in quo, judge-change, and adverse possession complaints, but vacated general damages.
The High Court set aside ex parte proceedings taken after the plaintiff had already testified, remitted the case for rehearing before a different magistrate, and made no costs order.
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