Mulewa s/o Chilongani v. Ngalya s/o Mulewa, Civ. App. 1-D-67,4/11/67,--------- J.

Mulewa s/o Chilongani v. Ngalya s/o Mulewa, Civ. App. 1-D-67,4/11/67,--------- J.

Plaintiff sued defendant in Primary Court for the return of certain cattle. On appeal to the High Court judgment was for plaintiff. Defendant then applied for leave to appeal out of time to the east African Court of Appeal. The questions raised primarily concerned the sufficiency of the evidence.

            Held: The normal practice is that no appeal lies to the Court of Appeal against any decision or order of the High Court in any case originating from a Primary Court unless the High Court certifies that a point of law of general public importance is involved. [Citing section 7(2)(c) of the appellate Jurisdiction Ordinance. Cap. 451, as amended by the Magistrates’ Courts Act, Sixth Schedule, Part 1V.] Not such point is involved here.