M. S. Mnonya v. Ali Abdallah, Civ. App. 11-D-67, 29/9/67, Saidi, J.

M. S. Mnonya v. Ali Abdallah, Civ. App. 11-D-67, 29/9/67, Saidi, J.

Plaintiff sued defendant for failure to pay a Shs. 100/- debt. Plaintiff introduced an I.O.U. signed by defendant promising to repay the debit in April 1966. Plaintiff also introduced an undated chit in which he (plaintiff) stated that defendant had failed to repay the money and as a result plaintiff seized defendant’s radio as security. The chit also stated, “I give him his radio when he repays back Shs. 100/-.” Plaintiff testified that he in fact returned the radio to defendant in June 1966, although the money had not been repaid. Defendant argued that the return of the radio proved the repayment of the debt.

            Held: The trial magistrate correctly relied on the chit and the evidence of the return of the radio in finding that the debt had been repaid.