JOHN KAYELI OLAKA V. LAWRENCE M. OLAKA , NATIONAL BANK OF KENYA & GIRMANT AUCTIONEERS

RULING OF THE COURT

This is an application under rule 5 (2) (b) of the Court of Appeal Rules. The applicant is John Kayeli Olaka, with Lawrence M. Olaka (1^st respondent), National Bank of Kenya Ltd. (2^nd respondent), and Girmant Auctioneers (3^rd respondent), as respondents.

The applicant intends to appeal against the decision of the High Court (Tanui, J), given on 15^th March, 2001 at Kakamega. We do not have a copy of the notice of appeal on record but we presume one was filed. The jurisdiction of this Court under rule 5 (2) (b) of the Court’s rules is invoked by the filing of a notice of appeal in the High Court. On the assumption that it was filed, we will proceed to consider the applicant’s motion on the merits. We have adopted that course because the applicant is an old man and he was unrepresented.

The dispute giving rise to the application before us concerns several parcels of land one of which is plot No. Bukhayo/Mundika/3050. That property along with several others were given as …