The compensation should be paid in annual

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The compensation should be paid in annual installments out of the sale of the fruit from the trees. 94. Nyamhanga Chacha v. Chacha Mang’asa , (PC) Civ. App. 148-M-66, 16/1/68, Georges C.J. Plaintiff sued successfully in Primary Court for return of bride wealth given by his mother, when he was a small boy, to arrange a marriage for him. The case was brought many year after the transactions in question during which time the pros- pective bride had married and her parents had died; the named defendant was
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the son of the girl’s father, who was not involved in the transaction, and who claimed not to be the eldest son. On appeal to the District Court, the plaintiff gave evidence and the (1968)H.C.D. – 33 – Defendant-appellant cross-examined him. The Court notes that the “appellant is not recorded as having said anything.” Held: At the hearing of an appeal, the appellate court, after hearing any additional evidence that it may require or permit, “shall first hear the appellant or his agent and then unless it forthwith dismisses the appeal, the respondent or his agent, and the appellant or his agent shall have a right to reply.” [Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules 1963, s. 14.] De- fendant-appellant was “prejudiced” by the failure of this procedure. Case remitted to the District Court for rehearing “preferably by another District Magistrate.” Costs to respondent. 95. Hilarius Karario v. Sabaya Kirahi , (PC) Civ. App. 101-M-66, 16/12/67, Hamlyn J. In summarily dismissing an appeal, the High Court discussed appellant’s claim that the trial court failed to summon his witnesses. The Court noted; The Primary duty is on the party to a suit to arrange for the attendance of his own witnesses. If for any reason a party thinks the witness will not appear, it is open to him to request the court to issue a summons. “If, however, the party desiring the witness to give evidence takes non steps to se- cure the witness’ attendance (other than merely asking him to come to the court) he cannot of right request an adjournment of the matter for the missing witness to be sought and brought before the court.” 96. Koba s/o Joseph v. R., (PC) Crim. App. 181-D-67, 22/1/68, Hamlyn J.
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Accused was fined for having uttered words taken to be abusive of authority. During the course of the case accused was set free on the bond of his father in the amount of shs. 200/- He failed to reappear at the proper date for continuation whereupon his father forfeited the money and was imprisoned as well. Upon ac- cused ’s return a few days later, he was detained in remand prison The abusive language charge was quashed on appeal to the District Court, and the only issue before the High Court concerned the forfeiture of the bond and imprisonment of the father.
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  • Fall '17
  • Dean Majamba

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