ELIJAH KIPNG'ENO ARAP BII V. KENYA COMMERCIAL BANK & ANOR

JUDGMENT

1. The two consolidated appeals herein, namely Civil Appeal No. 276 of 2018 and Nairobi Civil Appeal No. 318 of 2018, arise from the judgment and decree dated 12th May 2017 delivered by the High Court in Nairobi High Court Civil Case number 882 of 2003. The parties in the consolidated appeals are Elijah Kipng’eno Bii, (the Appellant in Civil Appeal No. 276 of 2018 and the 2nd Respondent in Nairobi Civil Appeal No. 318 of 2018), Kenya Commercial Bank, (the Appellant in Civil Appeal No. 318 of 2018, and 1st Respondent in Nairobi Civil Appeal No. 318 of 2018), and Mr. Samuel Mwehia Gitau, (the 2nd and 1st Respondent respectively in Civil Appeal No. 276 of 2018 and Nairobi Civil Appeal No. 318 of 2018). For ease of reference, we shall in this judgment refer to Elijah Kipng’eno Bii as the 1st Appellant, Kenya Commercial Bank as the 2nd Appellant Bank, and Samuel Mwehia Gitau as the Respondent.

2. A brief background to the consolidated appeals, which have had a long sojourn in the courts, …