Sila s/o Mayoyi v. Mululu s/o Nhambali, (PC) Civ. App. 168-D-67, 3/4/68, Hamlyn J.

Sila s/o Mayoyi v. Mululu s/o Nhambali, (PC) Civ. App. 168-D-67, 3/4/68, Hamlyn J.

The parties disputed as to the number of cattle agreed to as bride-price. One of appellant’s grounds of appeal was that he had some new witness who would testify for him.

            Held: “It is only in very exceptional circumstances that this court will make an order sending back a case for additional evidence to be taken;  …. When a case is called …. Each party is expected to attend with his witnesses … Facilities are at the disposal of the parties to ensure the presence of reluctant or laggard witnesses .. Having taken no steps to ensure the presence of the persons whom the appellant now names, he cannot ask to reopen the matter”. Appeal dismissed.