<p>A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): We allowed this appeal against the order for retrial made by Belgho, C.J. (as he then was) after allowing the appeal against conviction heard by him in the High Court of Midwestern State as it then was (now Bendel State) in these proceedings, and now we give our reserved reasons.</p><p> The criminal proceedings originated in the Magistrate Court, Benin City presided over by J. O. Odiase Esquire of Senior Magistrate Grade. In that Court, the appellant was arraigned, charged and tried for a traffic offence to wit:</p><p> &quot;On the 15th day of October, 1969, along Benin Ehor Road in the Benin Magisterial District appellant being the driver in charge of kit car No. MB 4026 operated same on the public highway to wit: Benin Ehor Road Benin City in a negligent manner, having regard to all the circumstances of the case, including the nature, condition and use of the highway and to the amount of traffic which actually is at the time or which might reaso…</p>