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The tribunal properly evaluated the evidence, giving no weight to the appellant's inconsistent and unsupported claims. The admission of the unstamped sale agreement was an irregularity but did not occasion a failure of justice, as there was sufficient oral evidence to support the respondent's case. Both grounds of appeal lacked merit.
Source excerpt
The High Court dismissed a land appeal, upholding the tribunal’s finding that the 1st respondent proved ownership and that procedural complaints caused no injustice.
The tribunal erred by relying on an unpleaded and unproven allegation of forgery, by admitting and relying on nullified criminal proceedings, and by failing to properly evaluate the evidence of both parties. The appellant proved ownership of the suit property on the balance of probabilities, having purchased it first and being recognized as owner by tenants and local leaders. The 1st respondent had no title to pass to the 3rd respondent, and possession of the original certificate by the 3rd respondent did not establish lawful ownership.
Source excerpt
The Tribunal failed to properly evaluate the evidence, particularly the contradictions in the Respondents' case and documents. The sale agreement relied upon by the Tribunal (exhibit DI) was fundamentally contradicted by other evidence, and the mortgage created in favor of the Appellant was valid. The Tribunal's declaration of the Second Respondent as owner was overturned.
Source excerpt
High Court land appeal dismissed after the appellants failed to show error in service, stamp duty, or jurisdiction. The trial Tribunal’s decision was upheld with costs.
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