OFOE, J.A:
This is a case in which the trial judge proceeded to judgment on the legal submissions of counsel for the parties. After pleadings had closed, he ordered
By Court:
The parties are to file written submissions on the legal point as to what the right of family land that he has reduced into writing. The case is adjourned to 17/12/2012 for hearing.
We believe the order properly produced should read
“The parties are to file written submissions on the legal point as to what the right of family member is in family land that he has reduced into writing”.
In the judgment of the trial court, he restated the issue as follows
“In view of the contentions of the parties and the issues agreed for trial, the court ordered that the parties must file legal submissions as regards the party’s tenure to the disputed land since the defendants did not dispute the fact that the plaintiff’s family had been assimilated into the Dedee family to which they all now belong and also the fact that the plaintiff …