JUDGMENT
This is an appeal from the decision of the District Court Anloga; entered on the 25/10/2019 as appears on page 142-153 of the record of appeal.
In the Notice of Appeal filed on 2-12-19 and additional grounds filed with leave of the court on the 24/11/2012 the defendants/appellants has attacked the judgement of the District Court on the following grounds.
1) The Trial Magistrate erred in law by relying on extraneous practice.
2) The Trial Magistrate did not consider the principle of estoppel by leaches and conduct.
Additional ground 1 being the omnibus ground;
i) That the judgment is against the weight of evidence on record.
When the appeal was put before this court for hearing, the directive for written submissions were made.
Before going further to discuss the merits of this appeal, it is just and appropriate to chronicle the facts of this case leading to the instant appeal.
The plaintiff/respondent who I will now refer as plaintiff sued the defendants/appellants also to be referred …