Ignatius Balamuzi v. Jeremiah Peter, (PC) Civ. App. 38-M-68, 8/8/68, Seaton J.

Ignatius Balamuzi v. Jeremiah Peter, (PC) Civ. App. 38-M-68, 8/8/68, Seaton J.

An order was made in the Karabagaine primary court attaching a shamba, said to belong to Thadeo, in satisfaction of a judgment debt. Thadeo’s son claimed the shamba belonged to him and sought an order releasing the property. The primary court found that the son had established his claim and cancelled the attachment order. The district court of Bukoba reversed the decision of the primary court on the ground that Thadeo and his son had conspired to transfer the property from Thadeo to a third party was present at either transaction.

            Held: (1) Under s. 16 of the Magistrates Courts Act Cap. 537 there is no restriction on the right to appeal against orders of the primary court, including orders attaching property, and therefore the district court had jurisdiction. (2) Under s. 70 of Magistrates Courts (Civil Procedure in Primary Courts) Rules 1964 in order for the primary court to make an order releasing the property from the attachment it must be satisfied that the property does not belong to the judgment-debtor. (3) The decision of the district court on the question whether the property belonged to the judgment-debtor was more consistent with the evidence than that of the primary court Since s. 32(2) of the Magistrates’ Courts Act provides that decisions should not be reversed on appeal unless a failure of justice would occur, the court would uphold the district court.