Section 323:
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.
323. Failure by District Court Registry to notify attorney of date of judgment—The plaintiff rented a house owned by some of the defendants. Proceedings were taken to evict the plaintiff for non-payment of rent. A case
was heard in April 1991, but the judgment date was postponed. In August
1991 plaintiff sought information from the District Court on the outcome of
the case and was informed that in June 1991 judgment had been delivered
ordering the plaintiff to pay the overdue rent and vacate the house by September 1991. It transpired that a letter was sent informing the plaintiff’s
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The Constitution
attorney of the date of judgment but it was not sent by registered post and
the plaintiff never received it.
HELD the right to a fair hearing was contravened before the lower Court,
prima facie enabling a remedy under section 17 of the Constitution. Two
alternative means of redress were available – appeal out of time due to administrative failure and an application for a new trial under Rules 62 or 63 of
the District Courts (Civil Jurisdiction) Rules. Vert v District Magistrate of
Plaine Wilhems (1993).