The Judiciary has launched investigations on Senior Principal Magistrate Hon John Paul Nandi after he delivered two conflicting rulings over the same subject matter.
In a statement on Friday, September 6, the Judiciary said the matter raises serious concerns about the Judiciary's core mandate of fair administration of justice.
According to the Judiciary, it conducted a preliminary review of the claims including tracking the system portal where the judgments were uploaded.
The Judiciary noted that the outcome of the preliminary examination revealed the need for detailed investigations on the Magistrate.
“The Judiciary promptly commissioned preliminary examinations including review of the two alleged contradictory judgments; inspection of the Judiciary's Case Tracking System portal where judgments and rulings are uploaded, among other inquiries.
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“The outcome of these preliminary probes has revealed the need for further detailed investigations and processes, which are underway. The Judiciary reiterates its commitment to upholding the Constitution and the rule of law,” the Judiciary stated.
In the case in question, Sabina Akinyi had sued Joseph Agola Adundo And District Land Registrar Bondo claiming that land parcel number South Sakwa/Barkowino/2805 belonging to her late husband Domnick Masogo Umaya was illegally transferred to the Adundo.
Akinyi asked the court to declare that the land was illegally transferred, to order revoking the registration of Adundo as the registered proprietor of the parcel of land, and to order the eviction of Adundo from the land.
Magistrate Nandi in one of the rulings said the court was satisfied that the land held by Adundi was procured by fraud and ordered him to vacate the land within 60 days.
“This court is satisfied that the Certificate of Title held by the 1st 1. defendant Joseph Agola Adundo in respect of parcel South Sakwa/Barkowino/2805 was procured by fraud and as such it is impeachable and ought to be cancelled.
“Further this court has held and found that the deceased Domnic Masogo Umaya is the legal owner of the suit property and it is only fair that the register be rectified to cure the fraud perpetrated by the Defendants and return the suit property to its rightfully owner whose ownership has not been disputed. The 1st defendant has no business remaining on the suit land, they should vacate and surrender vacant possession of the suit land in the interest of justice,” the ruling read in part.
However, in another ruling, Magistrate Nandi said the plaintiff’s suit against the defendants was not tenable and dismissed the case.
“I find in the circumstances, the Plaintiff's suit against the Defendants is not tenable in view of the clear provisions of the Limitation of Actions Act.
“In conclusion, I find that the plaintiff has not been able to prove her case on a balance of probabilities and hereby dismiss her case with costs to the defendant, as costs follow the event,” he ruled.
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