Ibrahim Ahmed v. Halima Guleti, (PC) Civ. App. 128-M-67, 18/12/67, Cross J.

Ibrahim Ahmed v. Halima Guleti, (PC) Civ. App. 128-M-67, 18/12/67, Cross J.

On appeal of a civil judgment from a primary court, the district court reversed the decision for respondent below because; “On a balance of probability, I find appellant’s evidence before the primary court carries more weight than that of the respondent.”

            Held: The District Court erred. The question for a court on appeal is whether the decision below is reasonable and can be rationally supported: if so the lower court decision should be affirmed. The appeal judge may not in effect try the case de novo, and decide for the party he thinks should win. “Surely, when the issue is entirely one of the credibility of witnesses, the weight of evidence is best judged by the court before whom that evidence is given and not by a tribunal which merely reads a transcript of the evidence.” Judgment of the primary court restored.