Wednesday, November 28, 2012

JAYANT D. DESAI v. HASHI WARSAMA (1967) HCD 171


(PV) Civ. App. 51-D-66; -/6/67
 Hamlyn, J.
An Asian doctor sued defendant, a Somali, for house rent and medical fees. The Primary Court entered an ex parte judgment in his favour. The District Court ruled that the Primary Court proceedings were a nullity, since that court had no jurisdiction, recovery of rent being a matter for the Rent Restriction Board. Plaintiff argued that the Primary Court did have jurisdiction to hear the case as one involving “Customary law” since it is “a custom of people to lease houses and pay rent therefore.”

HELD:
 “Customary Law” cannot be the basis of any proceedings between parties “who meet on no common ground of legal procedure and jurisprudence.” 
Appeal dismissed.

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