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El-Jehazmi v Mohamed (Criminal Appeal No. 11 of 1928) [1928] EACA 2 (1 January 1928)
The Court of Appeal refused to consider an account not properly endorsed by the trial judge and remitted the civil appeal for retrial.
El Jehazmi v Mohamed (C.A. 11/1928.) [1928] EACA 23 (1 January 1928)
The Court of Appeal held that the account document submitted by the defendant was not properly endorsed as an exhibit in accordance with the mandatory requirements of Order XIII, rule iv (2) of the Civil Procedure Decree, 1917. Following binding precedent from Sadik Khan v. Hashim Khan, the court refused to consider the document. The High Court's judgment was based substantially on this inadmissible account, and without it, the appellate court could not determine the facts or affirm the decision. Consequently, the matter must be remitted for re-trial so that the evidence may be properly consi…
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