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The High Court set aside a land tribunal judgment for procedural irregularities, including failure to start afresh after takeover and failure to consider assessors’ opinions.
The Court of Appeal nullified the lower court proceedings because the successor magistrate failed to record reasons for taking over the trial.
The Court of Appeal set aside land proceedings where a successor chairman took over without recorded reasons and assessor opinions were not properly recorded.
The Court of Appeal struck out the appeal as incompetent because the record omitted exhibits tendered at trial. It also rejected an objection to the successor judge’s takeover.
All proceedings conducted by Mugasha J. from 17/3/2014, including judgment and decree, are a nullity due to lack of recorded reasons for judicial succession; matter remitted for continuation in accordance with law.
Source excerpt
All proceedings conducted by the successor judge, Mugasha, J., from 17/3/2014 including the judgment and decree, are a nullity because no reasons were recorded for the judicial succession as required by Order XVIII Rule 10 CPC. The successor judge lacked jurisdiction to proceed.
Source excerpt
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