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Lechuti v Rolong Land Board (Civil Appeal No. 38 of 1995) [1996] BWCA 37 (18 July 1996)
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IN THE COURT OF APPEAL OF BOTSWANA HELD AT LOBATSE
Civil Appeal No. 38 of 1995
In the matter between:
JOHANNES LECHUTI
Appellant
vs.
ROLONG LAND BOARD
Respondent
Appellant in person
Mr. M. S. Gaongalelwe for the Respondent
JUDGMENT
Coram: A. N. E. Amissah, J.P. G. G. Hoexter, J.A. Lord Allanbridge, J.A.
AMISSAH. J.P.:
This is a case which depends entirely on the version of the facts accepted by the learned trial judge. He heard and saw the witnesses and decided in favour of the respondent. We have listened to the appellant at length on why he thinks the judgment should not be allowed to stand. Not being in the position to assess the veracity of the witnesses called at the trial, we cannot accede to his request that the judge's
finding of fact should be reversed. We accordingly dismiss the appeal with costs. Delivered in open Court at Lobatse this 18th day of July 1996.
A. N. E. AMISSA'H
Judae President
G.G.HOEXTER Judge of Appeal
LORD ALLANBRIDGE
Judge of Appeal
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