Background
The Record of appeal dated 7th of June 2024 filed herein shows that the appellant was the plaintiff in HAMISI PM COURT ME & L CASE NO. 28 of 2020 (the suit). It shows that vide the plaint dated 23rd September 2020, the appellant sued the Respondent herein over a parcel of land known as KAKAMEGA/SHIRU/908 (the suit land herein)
The appellant claimed in the suit that sometimes in 1990s he borrowed a soft loan from the Respondent so as to buy the suit land. That upon granting him the soft loan, the Respondent demanded that the suit land be registered in their joint names. That upon repayment of the loan the Respondent has failed to transfer the land to the appellant.
The appellant sought for an order for cancellation of entries made in the register in respect of the name of the Respondent as a registered co-owner to the suit land and retaining the name of the appellant as the absolute proprietor thereof. The appellant also sought for costs of the suit.
The record shows that the Respondent filed Defendant’s Written Statement of Defence dated 25th October 2020 denying the claim.
The record further shows that the suit was heard by the trial court which vide the judgment delivered on 14th January 2022 found that the appellant had failed to prove his case on a balance of probabilities. The court proceeded to dismiss the appellant’s case.
The Appeal.
Dissatisfied with the judgment the appellant preferred the appeal herein vide the Memorandum of Appeal dated 3rd February 2022. The appellant seeks that the appeal be allowed, the ruling made on 14th January 2022, dismissing the appellant’s application dated 21st July 2021 be set aside and the same be substituted with an order allowing the appellants prayers as prayed in the application, that the court be pleased to order the transfer of Hamisi PMC’s ELC No. 28 of 2020 from the trial court that issued the ruling subject of impugnment herein to another court of competent jurisdiction for determination. That the appellant be awarded the cost of the appeal and in the lower court.
On 12/6/2024 the court gave directions that the appeal be argued by way of written submissions but as at the date hereof, none of the parties had filed their written submissions.
The grounds of appeal as contained in the Memorandum of Appeal dated 3rd February 2023 are: -
- The Learned Magistrate erred in law and fact by ignoring the plaintiff ‘s evidence together with his witnesses.< ></><>><>><>><>><>>> >> ><>><>></><>><>><>><>><>><>><>>> ><>><>><>><>><>><>>> ><><>><>< >< >><>><>><>><>><>><>><>><>< >></><>><><>><>><>><>></><>><>><>><>><><>>> ></><><>></><><>></><><>> </><>><>><> >