Kulola Katwiga Vs Cherehani Marko, Civil Application no 183of 2022.

This case talks as to whether its mandatory to bring judgment ahen your Appeal form primary Court?

This position of the law was well interpreted by the Court of
Appeal in the case of Sophia Mdee v. Andrew Mdee and 3 Others,Civil Appeal No. 5 of 2015 where the Court stated that attachment of a copy of the judgment of the Primary Court when appealing to the High
Court is not a prerequisite.

The Court stated:
‘Attaching petition of appeal with a copy of judgment is not a legal requirement in matters arising from Primary Court.

Rather it is a legal requirement on matters originating from District Courts and Courts of Resident
Magistrate as it is provided for under the Civil Procedure Code.’