Sosthenes s/o Kagyabukama v. Theobald Kuyungulima, (PC) Civ. App. 94-M-68, 24/7/68, Seaton J.

Sosthenes s/o Kagyabukama v. Theobald Kuyungulima, (PC) Civ. App. 94-M-68, 24/7/68, Seaton J.

Plaintiff sued defendant in Primary Court for the refund of the purchase price of a shamba. Defendant did not appear after being duly summoned. Judgment was given for plaintiff after proof ex parte in accordance with section 23 (a) of the Magistrate Courts (Civil Procedure in Primary Courts) Rules 1964. Defendant appealed to the District Court, which investigated the merits of the case and reversed the decision of the trial court.

            Held: The proper way for defendant to challenge the Primary Court’s decision on the merits was to apply to the trial court under section 29, Magistrates Court (Civil Procedure in Primary Courts) Rules 1964 to set aside its judgment and commence the hearing afresh. The District Court could not reinvestigate the merits of the case on appeal, but could only make use of the evidence on record, none of which supports a reversal of the trial court’s decision in this case. Plaintiff’s appeal allowed.