JAMES MWASHORI MWAKIO V. KENYA COMMERCIAL BANK LTD & ADEN MOHAMMED

RULING OF THE COURT

James Mwashori Mwakio (applicant) is a peculiar, unique and tenaciously resilient litigant. We say so because he has walked the corridors of justice so many times over the last three or so decades pursuing what in his view is his proprietary right over property LR. No. 8707/7. The said property was sold by the respondent in exercise of its power of sale after the applicant failed to repay a loan he had been advanced.

The matter has been heard and determined before the High Court and severally before this Court. The applicant has nonetheless obstinately refused to accept that the matter should come to a conclusion. This is in spite of this Court advising him incessantly that litigation must come to a close and every journey must come to an end at one point or another. For instance, this Court (Gicheru, Tunoi and Shah, JJ.A) in its ruling in respect of Civil Application No. 59 of 1988 expressed itself as follows:-

“the applicant is, of course, a layman. He is not a lawy…