Description
Succession of judges and magistrates – reasons for taking over the trial – procedural irregularity – the overriding objective principle – jurisdictional matters – go to the root of the suit – blindly against the mandatory provisions of the procedural law – foundation of the case.
- Succession of judges and magistrates – recording of reasons for taking over the trial of a suit by a judge is a mandatory requirement as it promotes accountability on the part of the successor judge. Failure to do so amounts to procedural irregularity which cannot be cured by the overriding objective principle (p. 8).
- The overriding objective principle does not require the Court to disregard jurisdictional matters which go to the root of the suit (pp. 8 – 9).
- The overriding objective principle cannot be applied blindly against the mandatory provisions of the procedural law which go to the very foundation of the case (p. 9).
- Failure by the successor judges to assign reasons for the reassignment of proceedings made them to lack jurisdiction to take over the trial of the suit and the entire proceedings hence the judgment and decree are a nullity (p. 10). Consequently, the Court ordered a fresh trial before another judge (p. 11).
