Case law
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Division and case type: CriminalCriminal Appeal
…Section 200 of the Criminal Procedure Code enacts : (a) Subject to subsection (3), where a magistrate, after having heard and recorded the whole or part of the evidence in a trial, ceases to exercise jurisdiction therein…
…and is succeeded by another magistrate who has and exercises that jurisdiction, the succeeding magistrate may : Deliver a judgment that has been written and signed but not delivered by his predecessor; or Where judgment has…
Division and case type: CriminalCriminal Case
…The court lacked jurisdiction because judgment had been delivered, the court was functus officio and could not entertain the application especially that the application was for review and the respondent had preferred an appeal…
…The court has carefully considered the application and finds that the court has jurisdiction, despite the applicant’s preferred appeal, to rectify the mistake or incidental error in the judgment as established by the applicant…