Daudi Mwabusila v. John Mwakfwila, L. Civ. App. 30-D-66; -/-/67; Hamlyn, J

Daudi Mwabusila v. John Mwakfwila, L. Civ. App. 30-D-66; -/-/67; Hamlyn, J

Appellant sued for six head of cattle in primary court. He relied on the testimony of two witnesses whom the magistrate found not to be credible. On appeal, the district court found that this testimony was credible and therefore reversed the judgment.

            Held: The witnesses did not appear in person at the appeal, and the district court should have followed the valuation of their creditability given by the trial court. An appellate court should reassess the credibility of witness only if there are circumstances of an unusual nature which appear in the record, particularly if as here, the testimony has explicitly been rejected by the trial court. The judgment of the district court was set aside and that of the primary court restored.