The appellant represented to the respondent
that the owned a piece of land and had a title
for the same and the respondent bought the
land and later found out that the appellant
didn’t have the land title claiming that it had
been lost in the war. The respondent helped the
procurement of a special title but when the
respondent offered to pay the balance, the
appellant refused to accept the balance and the
respondent sued the appellant at high court but
the court dismissed the suit. At appeal, the
court awarded the reliefs but didn’t assess the
damages and remit the matter to the high court

for assessment of damages. The respondent
cross appealed and was objected to
successfully for filing out of time.
The ground of appeal is that the judge erred in
not remitting the matter to the high court for
assessment of damages.