JAMES MWISHORI MWAKIO V. KENYA COMMERCIAL BANK LTD

RULING OF THE COURT

By the Notice of Motion dated 31^st October, 2006 the applicant seeks various orders regarding two properties L.R. No. 8707/7 and io4/Chawia/Dedaya/Ngerenyi. The application is supported by a 280 paragraph affidavit wherein the applicant has given a comprehensive history of the litigation over a period of 25 years and expressed his grievances against various orders made by Courts from time to time.

The foundation of the application is his assertion that according to an order made by this Court on 3^rd April, 1984 in Civil Appeal No. 69 of 1983, he was the successful party in the suit filed in the High Court, namely, H.C.C.C. NO. 2815 OF 1980.

The applicant deposes in paragraph 1 of the supporting affidavit, thus:

“1. That according to Court of Appeal order for 3/4/84 in appeal 68/83 by Justices Kneller, Hancox and Nyarangi, JJ.A. I am the winner of civil case No. 2815/80”.

Unfortunately, the applicant did not annex the authentic or any record of the judgment or order made…