Mkonongo Moto v. Monjelwa Sangasi, (PC) Civ. App. 61-D-67, 4/9/67, Georges C. J
In execution of a judgment in a prior case against a third person, appellant levied upon cows and goats in respondent’s possession. In deciding whether a balance was due on the prior judgment, the magistrate consulted out of court, the magistrate who had dealt with the prior case.
Held: (1) The magistrate in the prior case did not testify in this case, and the present decision should not be based upon evidence not given at the trial. (2) The cattle and goats were seized in the respondent’s possession and prima facie were His. The burden was upon the appellant to show that they in fact belonged to the judgment debtor in the prior case.
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