Stephano James v. Fabian Nkani, (PC) Civ. App. 47-M-68, 29/5/68, Seaton J.

Stephano James v. Fabian Nkani, (PC) Civ. App. 47-M-68, 29/5/68, Seaton J.

Plaintiff obtained a judgment in Primary Court in June 1965 for recovery of a shamba. In August 1967, defendant applied to the District Court for leave to appeal out of time. The magistrate disbelieved defendant’s explanation that he had not been present when the Primary Court judgment was delivered and that he was waiting to hear the disposition of the case. The magistrate cited Amani Chogo Chacha v. Rioba Nyamtara, High Court Digest, Vol. 1, No. 10, case No. 433, in which Mustafa J. commented that it is against public policy to allow matters which have been decided to be re-opened many years later.

            Held: In the case cited, the High Court’s comment was with reference to a judgment which had been given 18 years earlier, whereas in this case the appeal was only tow years after the judgment. Nevertheless, the same principle is applicable. Appeal dismissed.