JUDGMENT OF KEIWUA J.A.
This is an appeal by the appellant from the decision of the superior court, Onyango Otieno J, delivered on February 25, 2000 in HCCC No. 277 of 1998 by which the learned Judge held that the transfer of the suit property to the appellant was improper because the debt had been repaid before the end of the six months of the sale agreement's completion date and that the suit property belonged to the 1st respondent Nansingh Madhusingh Darbar and that the purported transfer to the appellant was wrong and constituted a conversion. The learned Judge also ordered that the transfer be cancelled and that no damages were payable by the appellant to the 1st respondent. The learned Judge finally dismissed the appellant's counterclaim.
Broadly speaking, the grounds of appeal were that the learned Judge erred in not finding that the respondents' pleadings which culminated in the re-amended plaint were filed without leave of the court and accordingly it was not properly before th…