A District Court ordered a Primary Court to try a land
dispute de novo before another magistrate with a different set of
assessors. The Primary Court re-tried the matter sitting with one assessor who
had sat in the earlier case. When the Land Courts were established the same
land dispute was brought in a District Land and Housing Tribunal in which the
plea of res judicata was raised. The Tribunal held that the Primary
Court was not competent to try the matter and dismissed the objection that the
matter was res judicata. On appeal to the High Court