William Alfred v. Stephen Alfred, (PC) Civ. App. 83-A-67, 24/2/68, Seaton, J.

William Alfred v. Stephen Alfred, (PC) Civ. App. 83-A-67, 24/2/68, Seaton, J.

Plaintiff applied for leave to appeal from a Primary Court judgment for defendant in a land dispute almost a year after the judgment. He claimed that he had been ill and hospitalized, but could produce no receipts or other proof of his illness. Among the reasons for the Primary Court judgment, moreover, had been that plaintiff had waited nearly 10 years, after the death of the relative under whom he claimed the land, to institute the action. The District Court refused the application.

            Held: Appeals under section 16 of the Magistrate Courts Act, Cap. 537, are within the discretion of the District Court. This discretion must be exercised “judicially.” Under the circumstances it “would seem that tardiness or laches is the appellant’s weakness”, and that the court’s discretion was exercised properly. Appeal rejected.