Section 117:
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
117. Constitution section 10 – Fair trial – Witness unable to attend Court –
Refusal of postponement of case—The appellant had entered an action
against the respondent and summoned a witness to appear in the case. The
witness indicated that he could not appear at the required time and the appellant sought a postponement of the case. The Magistrate upheld the respondent’s objection to the postponement and found in favour of the respondent. The appellant appealed on the ground that there had been a denial
of justice.
HELD the Court has a duty to ensure that witnesses needed by parties in
a case attend Court to give their evidence. Sawdagur v Sawdagur (1988).