JUDGMENT OF THE COURT
This is an appeal by the unsuccessful plaintiff from the decree of the superior court (Kuloba, J.) given on June 21 1995 dismissing the plaintiff’s claim.
By his plaint dated and filed on August 11, 1994 the plaintiff claims a declaration that the defendant holds a portion of about 2 hectares of land NO. WEST KISUMU/MARERA/2469 (the property) in trust for him. The plaintiff specifically pleaded fraud on the part of the defendant in getting registered as the sole proprietor of the property.
The hearing commenced on January 30, 1995 when the plaintiff gave evidence and he called four witnesses. He informed the learned judge that he wanted the assistant chief and the chief also to come and give evidence on his side. He asked for an adjournment to call them. Accordingly, the case was adjourned for the purpose. When it came up on February 7, 1995 it was adjourned as the defendant was not present and further hearing was ordered to take place on March 23, 1995. On that day…