JUDGMENT OF TUNOI, J.A.
I entirely agree with the judgment of Keiwua, J.A. in this appeal. I am in full agreement with it both as to reasoning and conclusions.
The appellant's principal argument in this appeal is that the learned Judge erred in failing to find that the Re-amended plaint did not contain the necessary particulars of fraud and therefore was wrong to hold that the Re-amended plaint disclosed a cause of action for fraud against the appellant. The other aspect of this argument is that the learned Judge was wrong in ordering cancellation of title where fraud had not been pleaded let alone proved. The respondents, the plaintiffs in the suit, testified that they did not execute a charge or transfer of the suit property in favour of the appellant or anyone else. They disowned the Assignment dated 22nd September, 1997, and denied ever having appeared before Mr. Kimatta, Advocate, who prepared it. Naresh Darbar (PW 2), the son of the first respondent, averred that the suit plot was…