ABSTRACT

In J Misir, Lackhan Lall and Seulall, Civil Appeal No 38 (1990), decided on 30 June 1994, the trial judge, after all the evidence had been led, reserved his decision on 13 March 1989. His written decision was dated 1 November, 1989, but for some reason not explained, it was not delivered until 30 March 1990 and then by another judge. The reason for what the Court of Appeal referred to as ‘this unusual happening’ was that the trial judge had by men ceased to be a judge, having retired from that office with effect from 25 November 1989. Counsel for the appellant contended that the fact that a judge other than the presiding judge read the decision was unconstitutional, null and void.