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Dahaye Masaw v. Darabe Gwaidamuyi, (LC) Civ. App. 34-D-65, 19/10/67, Biron J
The appeal of this case was originally heard and decided by the High Court on 30th December, 1966. Judgment was given for defendant. Plaintiff now asserts that he did not appear at the hearing of the appeal because notice of the hearing did not reach him until after judgment had been delivered. Plaintiff’s father originally brought this action in 1962 for the return of cattle which had been delivered to defendant’s grandfather in 1945.
Held: (1) A judgment given in the unavoidable absence of one of the parties offends against the elementary principle of natural justice of audi alteram partem. The appeal must be re-opened. (2) Even exercising the extreme latitude allowed by courts on the aspect of limitation in indigenous cases, the case was time barred when filed below.
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