Ralang Mumanyi v. Wambura Mwita, (PC) Civ. App. 164-M-68, 24/10/68, Seaton J.
The plaintiff sued the defendant in the
Held: (1) After the plaint had been read and the defendant’s statement in reply recorded, the court should have framed the issues in the case and determined whether or not the defendant admitted or denied the plaintiff’s allegations. [Citing rules 44-47, Magistrate’s Courts (Civil Procedure in
(2) The trial court should have recorded whether or not the parties had been give opportunity to cross-examine and to call witnesses.
(3) Although a primary court has discretion as to whether or not to sit with assessors [s. 8, Magistrate’s Courts Act, Cap. 537], once the court decides to sit with assessors it must record their opinions and, if he disagrees with them, give the reasons for his disagreement.
(4) The sections of the law of Persons cited by the trial court must be read together with s. 37A which provides that bridewealth may be required to be returned “in case of divorce”. In the present case there was no evidence of a divorce and the award cannot be sustained.
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