GROUNDS OF JUDGMENT

In this action the plaintiff was the registered proprietor of a piece of land. The issue document of title (the title) thereto was in the hands of his solicitor. The solicitor passed away and consequently the matter in respect of which the title was in his hands was taken over by a firm of solicitors (the said firm) whereafter the title came to be transferred to and registered in the name of the first defendant who is said to have charged it to the second defendant.

The third defendant was a partner in the said firm. The plaintiff claims that it was the third defendant who attested the purported thumb impression of the transferor on the form of transfer being the instrument used in the purported transfer of the land from the plaintiff to the first defendant and that he was negligent in doing so inasmuch as the plaintiff was at no material time present before him and in that he failed to ascertain that the thumb impression was in [2] fact that of the plaintiff resulting in the plaintiff's title being lost to the first defendant who is alleged by the plaintiff to have obtained it fraudulently.

The third defendant is likewise alleged to have attested the signature

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