The Appellant was tried and convicted by the learned Senior Magistrate for ne-gligent driving resulting in a collision of his vehicle with another. The learned Sen-ior Magistrate suo motu ordered inspection of the locus in quo at the close of defence to ascertain whether the collision took place at a bend or in a straight line but on arrival at the locus in quo cancelled the inspection and returned to Court. He made use of his observations unaided by any explanation from witnesses. He also made unfavourable comments about failure of the appellant to include all the facts in his evidence before the court in his Statement to the Police.

On appeal to the High Court, the High Court allowed the appeal, quashed the conviction and ordered retrial on the ground that the cancellation of the inspection rendered the trial incomplete.