Preface

110
before judgment is entered against him or that whether or he had more witnesses
to call. If Al-Izar was not done or done after the decision the whole proceedings
becomes a nullity” Despite the devastating consequences which result in rendering
the whole proceeding of a court void the lower court did not apply it in the instant
case.
STEP 6
The next and last step is judgment of the court. Although there is no
unanimous and one single style of writing judgment yet it is generally believed that
there are some salient points that are expected to be reflected in every judgment.
They include:
1. The historical background or origin of the matter the parties, the claim and
cause of action and the counter claim if any.
2. Analysis a d valuation of the evidence adduced.
3. The submissions of plaintiff or his counsel and submissions of the defendant
or his counsel. Logical or scientific of both submissions.
4. The result of the analysis and conclusion of the court substantiated with
authorities.
5. The decision or order of the court.
6. Right of appeal.
Finally, the judgment of the lower court is devoid of many of the above
points. For this reason and many more explained above as part of treating this issue
I have no option than to resolve the issue in favour of non substantial compliance
of the lower court’s proceedings with the rules of procedure.