JUDGMENT
APALOO JA; This is an appeal from the decision of the High Court Ho, dated 30th July 2010. The lower Court gave judgment in favour of the Plaintiffs/Respondents. We deem it appropriate to refer to the parties by the designation given to them in the course of the trial in the Court below.
The Defendants dissatisfied with the Judgment filed their notices of appeal in which they attacked the decision of the Court. The 2nd Defendant’s notice of appeal which was first in time filed on 10/08/10 had 3 grounds of appeal. These were;
1) “The judgment is against the weight of evidence.
2) The learned trial judge erred by presuming and/or holding that the plaintiffs had capacity to sue as the lawful representatives of Fievie State.
3) The learned trial Judge erred by failing or refusing to uphold the validity of the Government’s acquisition of land which was registered at the Deeds Registry as No. 1244/1954 and covered by certificate of title.”
On 30/08/10 a notice of appeal was again filed o…