Later J2 on the 2nd and 3rd Respondents were joined to the proceedings.
However, before the trial could commence, Counsel for the Appellant indicated to the Court that they were discontinuing the proceedings against the https://telemeetlove.site/6blog/benedict-cumberbatch-6428.php and 3rd Respondents and that they were to file Notice of discontinuance within a week.
This was on 15th September There is no Notice of discontinuance on record but trial proceeded on the basis that the action was between the Appellant and the 1st Respondent.
The appeal was therefore improperly headed.
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It should be between the appellant and Kevin Clifford Fuller only. In this judgment we refer to the appellant as the plaintiff and the respondent as the dating zambian woman, the positions they were in the Court below. This is an appeal by the plaintiff against the judgment of the High Court in which it ruled against the plaintiff against her many prayers as contained in the amended Statement of Claim.
There are some common facts in this case. The plaintiff and the defendant co-habited together for close to three years.
They intended to marry and some K1. There was no formal marriage.
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Whilst still co-habiting some property known as Stand No Kitwe was purchased in the name of the defendant. On the evidence before him, the learned trial judge found that the plaintiff had not adduced any evidence on which the Court could declare the conveyance of Stand No. It further held that the plaintiff had not proved any interest in the property.
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The learned trail judge further held that there was no marriage between the plaintiff and the defendant. It is against these findings that the plaintiff has appealed.
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There are three grounds of appeal according to the Memorandum of Appeal and these are:- 1. The trial judge erred in law and in fact by holding that the plaintiff did not have any interest in property known as Stand No. The Court erred in law and fact by holding that there was no evidence adduced to prove that the dating zambian woman of the aforesaid J5 Stand No.
The trial judge erred in law and in fact by condemning the plaintiff in costs allegedly that she had no interest in the aforesaid Stand No Kitwe, when she had that interest as there was overwhelming dating zambian woman before the aforesaid Court and its rejection without sufficient ground was a serious misdirection. The grounds of appeal were fully supported by detailed written heads of argument and authorities.
There were also written heads of argument on behalf of the defendant and authorities. Both parties relied on their heads of argument.
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Before we consider the appeal, we wish to consider the preliminary point that was raised before the hearing of the appeal. Mr Mutuna, in supporting his preliminary point to expunge that portion of the record produced in supplementary record containing handwritten notes of the learned trial judge which showed that PW 3 was not there when the money was paid and this is at page 6 of the Supplementary record.
In answer to this preliminary point, Mr Mundia, SC. I take as much evidence as possible so source at the end of the day because these people are over-worked, they service a number of Courts, then I can be able to write my judgment from the notes that I have taken.
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We cannot take this matter any further. The learned trial judge relies mostly on his notes and therefore what he writes ought to be taken to be accurate. This is the only error noticed in the record. We wish to say that the reporters are generally accurate and most trial judges rely on them.
Further, this was confirmed by the plaintiff leaving her home joining the defendant and they started living together as man and wife. They even opened a joint account at Barclays Bank. It was argued that a marriage need not be registered under customary law and since they were man and dating zambian woman, property acquired during the marriage dating zambian woman to be shared.
It was, in alternative, argued that even if the parties were merely friends, the fact that they had a joint account meant that any property acquired during their stay together should be treated as jointly acquired and that the girl friend had an interest.
In response to ground 1, Mr Mutuna for the 1st Defendant submitted that in dating zambian woman to fault the learned trial judge on this ground, we have to look at the Statement of Claim. It was submitted that the plaintiff never asked the court to declare her and the Defendant as man and wife. In.