JUDGEMENT OF THE COURT
The genesis of the suit leading to this appeal is the Plaint filed at the High Court of Kenya, Kisii on 28th August, 2001 where Ramzanali Gulamhussein Nanji Lalani (“the Plaintiff”) sued the appellant Barclays Bank of Kenya Limited (“the defendant”) in respect of a cause of action regarding a parcel of land No. Nyaribari Chache / B/B/Boburia/4414 (“the parcel of land”). The parcel of land was advertised for sale and was purchased by the plaintiff from the defendant which was exercising a statutory power of sale as mortgagee. Several reliefs were sought in the Plaint by the plaintiff from the defendant but because they are not relevant to this appeal we need not set them out here. The suit was heard in the absence of the defendant who had neither entered appearance nor filed a defence but the subsequent judgement was set aside by consent of the parties. After the defendant filed a defence the suit was set down for hearing on 28th February, 2008 but was stood over …