JUDGMENT OF THE COURT
[1] This appeal exemplifies how costly mistakes can be in pleadings. It also lends credence to the epitaph that the law is an ass. A word can make all the difference between a properly instituted suit and an incompetent suit! Sample these facts.
The appellant, the Deposit Protection Fund, as the Liquidator of Euro Bank Limited (in liquidation) lodged this appeal on 13th April 2007 against the decision of the High Court (Ochieng’, J) which struck out the appellant’s plaint, and hence the suit No. 3999 of 2005 in the High Court (at Milimani Law Courts) in which the appellant sought against Roseline Njeri Macharia and Guardian Bank Limited, (the 1st and 2nd respondents, respectively), an injunction to stop the transfer or sale or alienation of Land Reference No. 209/11293/1, Nairobi, until the appellant’s debt is paid in full or is fully secured or until the final determination of the suit.
[2] After filing their defences to the suit, each of the respondents, applied u…