Mungi v. Chapila (PC) Civ. App. 41-D-69; 25/2/71; Hamyln J.

  

Mungi v. Chapila (PC) Civ. App. 41-D-69; 25/2/71; Hamyln J.

This is an appeal from the judgment of a District Court sitting as an appellate court from Primary Court. The ground of appeal is that the District Court acted improperly in failing to record reasons why additional evidence was heard on appeal as required by s. 17(a) of the Magistrates Courts Act.

            Held: (1) “It is true that the District Court, on deciding to record additional evidence itself, did not give the reasons for so doing, but I note that learned counsel for the appellant did not go so far s to say that, because of such omission, the additional evidence taken by the District court should be disregarded by this Court. Nor do I consider that such disregard would be possible, for the requirements of the section concern matters of procedure alone, while the basic duty of the Court is to ascertain the true facts, so that it can come to a just decision. It seems clear that such evidence was desirable in the circumstances of the case and, while this Court must note that the magistrate in the District Court did not comply strictly with the section, the evidence recorded must form a part of the record and must be taken into account in reaching the conclusion.” (2) Appeal dismissed.