Edward Rwehabula v. John Rwehabula, (PC) Civ. App. 186-D-66, 28/12/67, Saudi J.

Edward Rwehabula v. John Rwehabula, (PC) Civ. App. 186-D-66, 28/12/67, Saudi J.

Appellant’s appeal to a district court was dismissed because he did not appear in court either in person or by agent on the appointed day. Appellant had submitted a statement of his arguments to the district court. Subsequently he also presented a medical certificate to the court showing that he was ill on the date set for his hearing.

            Held: (1) Rule 13(1) of the Rules of Court (G.N. No. 312 of 1964) entitles a party to have his appeal heard without his presence if he submits a written statement of the arguments supporting his appeal. (2) Additionally, the district court should have heard the appeal because appellant had a reasonable explanation for his failure to appear on the appointed day. Case remanded to the district court for hearing on the merits.