JUDGMENT
This is an appeal from the decisions of the District Magistrate sitting at the District Court, Jasikan in Oti Region in its decision on 13/09/2022. In the notice of Appeal filed on 06/12/2022 and the additional grounds of appeal filed without the leave of the court the trial Magistrate's decision was attacked on the following grounds namely,
I) That the trial Judge breached the Audi Alteram Partem rule of natural justice in the trial and delivering judgment without notice to the Defendant.
II) The Judgment is against the weight of evidence and record.
The additional grounds filed without the leave of the court are,
a) That the plaintiff’s writ filed on 10/09/2020 was statute-barred and therefore the judgment emanating from the said writ of Summons is a nullity.
b) That the respondent’s vehicle a Kia Avella Taxi Cab as at the time of the accident occurred, was not insured and same should not have been on the road and as such the respondent is not entitled to his claim under hi…