small claims
case digest

Mannifield -v- Douglas Walker 1990 SCLR 369









 

Issue - Absence of evidence on oath; procedure of dealing with evidence.

Sheriff granted decree in favour of P after proof. D appealed on basis Sheriff had not heard evidence from witnesses on oath and because of procedure adopted by Sheriff at the proof.

The Sheriff Principal allowed the appeal.

Held that the Sheriff had failed to ascertain the legal basis of P's claim and had not heard evidence on oath (rule 16(3)).