<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">These two appeals which have been consolidated for convenient disposal arise out of rulings delivered by Kuloba, J. on 12th March, 1998. The first appellant is a bank and we shall hereinafter refer to it as &quot;Daima Bank&quot;. The second appellant is an advocate of the High Court of Kenya practising in Nairobi and acts for Daima Bank. The third appellant is a court broker and an auctioneer. The respondent is also an advocate of the High Court of Kenya also practising in Nairobi.</p><p class="ql-align-justify">At the centre of the dispute in this litigation are a mortgage over L.R. No.1/835, Nairobi, and a chattels mortgage created by the respondent in favour of Daima Bank as security for a loan. By the latter the respondent assigned all his moveable assets to Daima Bank to secure the same.</p><p class="ql-align-justify">It is not in dispute that the respondent was unable to service the mortgage and soon fell into grave arrears compelling Daima Bank to demand payment of the principal sum together with interest which stood at Shs.43,2…</p>