Nyamhanga Chacha v. Chacha Mang’asa, (PC) Civ. App. 148-M-66, 16/1/68, Georges C.J.

Nyamhanga Chacha v. Chacha Mang’asa, (PC) Civ. App. 148-M-66, 16/1/68, Georges C.J.

Plaintiff sued successfully in Primary Court for return of bride wealth given by his mother, when he was a small boy, to arrange a marriage for him. The case was brought many year after the transactions in question during which time the prospective bride had married and her parents had died; the named defendant was the son of the girl’s father, who was not involved in the transaction, and who claimed not to be the eldest son. On appeal to the District Court, the plaintiff gave evidence and the Defendant-appellant cross-examined him. The Court notes that the “appellant is not recorded as having said anything.”

            Held: At the hearing of an appeal, the appellate court, after hearing any additional evidence that it may require or permit, “shall first hear the appellant or his agent and then unless it forthwith dismisses the appeal, the respondent or his agent, and the appellant or his agent shall have a right to reply.” [Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules 1963, s. 14.] Defendant-appellant was “prejudiced” by the failure of this procedure. Case remitted to the District Court for rehearing “preferably by another District Magistrate.” Costs to respondent.