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Sarukele Kazobavako v. Ntakajela Kazobavako, (PC) Civ. App. 129-M-66, 20/10/67, Mustafa J.
Plaintiff sued defendant in Primary Court for possession of a shamba. Judgment was for plaintiff but defendant succeeded on his appeal to District Court. In his appeal to the High Court, plaintiff contended that the District Magistrate erred in hearing the appeal without assessors.
Held: A District Magistrate is not bound to sit with assessors until he is directed to do so by a proper judicial authority. There was no such direction in this case. Appeal dismissed.
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