Sahul Hameed Abdul Munaf v. Mohamed Lebbe Mohamed Yusuf Alias Ahamed Mohamed Yusuf – sllr 1999 volume 2 page 076

In the case between SAHUL HAMEED ABDUL MUNAF (Plaintiff) and MOHAMED LEBBE MOHAMED YUSUF (alias AHAMED MOHAMED YUSUF) (Defendant), the court examined whether the defendant’s failure to file the list of witnesses at least 15 days before trial, as mandated by section 121(2) of the Civil Procedure Code, warranted disallowing a witness presented late. The court held that the trial judge’s refusal to permit the late calling of the witness was justified, highlighting the requirement of “special circumstances” under the first proviso to section 175(1) of the Civil Procedure Code. The judgment reaffirmed that such judicial discretion should only be exercised upon clear evidence of special circumstances, which were not demonstrated in this case. The decision underlined the statutory necessity for t