- Civil Procedure|Appeals and reviews|Property Law|Land
- Case summary
- The court considered whether the High court discharged of its duty as a first appellate court. The court held that the court had to reconsider the evidence, evaluate it itself and draw its own conclusions and bear in mind that it neither saw nor heard the witnesses and make due allowance in that respect. appellate judge re-valuated the evidence adduced by both parties, considered the credibility of witnesses and the irregularities committed by the trial magistrate and came to the conclusion that the respondent had proved his case to the required standard. The court according concluded that the appellate judge properly discharged his duty and dismissed the appeal.
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