The Appellant sued the Respondent before the Urambo Urban
Primary Court in Civil Case No. 35 of 2018 for recovery of Tsh. 3,114,180/=.
Upon full trial the matter was decided in favour of the Appellant and the
Respondent was accordingly ordered to pay the claimed amount. Aggrieved, the Respondent
preferred an appeal to the District Court of Urambo on grounds that the trial
magistrate erred in law and fact by entertaining the case that has not been
referred to the Conciliation Board of Co-operative Societies and that the case
was not proved on balance of probabilities.
Upon hearing the appeal, the appellate District Court
Magistrate decided that the Appellant ought to have referred the dispute to the
Office of Registrar of Co-operative Societies before he could opt for
litigation to the court and thus he quashed the proceedings and judgment of the
Urambo Primary Court on account that the matter was filled pre-maturely and
consequently he ordered the same to be referred to the Registrar of Cooperative
Societies for reconciliation purposes.
Aggrieved with that decision the Appellant appealed this
court against the decision of the District Court.