Lesindamu Kinawanawa v. Ngobani Shila, (PC) Civ. Rev. 3-D-66, 2/2/68 Hamlyn J.

Lesindamu Kinawanawa v. Ngobani Shila, (PC) Civ. Rev. 3-D-66, 2/2/68 Hamlyn J.

The parties entered into an agreement under which defendant occupied plaintiff’s land and agreed to develop it. Plaintiff later sought the return of the land, which he had a right to do, whereupon defendant requested compensation for the improvements he had made. The primary court assessed the improvements at Shs. 6,000/- and ordered defendant to quit the land upon receiving payment from plaintiff. Although not appealing against this decision, plaintiff made an application to the district court in respect of this action, to the effect that he could not raise Shs. 6,000/- and seeking to drop his suit for recovery or possession of his land. The District Court did this, and also vested the land in defendant, at the same time extinguishing plaintiff’s debt to defendant.

            Held: The district court on an ex parte application by one of the parties without any proper appeal before it. Defendant had neither notice nor knowledge of this “appeal” to the district court. Order of primary court restored.