<p class="ql-align-center">RULING OF THE COURT</p><p class="ql-align-justify"><br></p><p class="ql-align-justify"> Tony Esipeya, the respondent in this appeal, (hereinafter called &quot;the plaintiff&#x27;) sued Kenya Commercial Bank Ltd, the appellant (hereinafter called &quot;the defendant&quot;), in the superior court claiming damages for alleged wrongful exercise of statutory power of sale by the defendant. The defendant sold a piece of land which the plaintiff had given as security for a loan, on 28th October, 1981. The suit was filed on 9th January, 1992. In a defence filed on 11th March, 1992 the defendant denied the plaintiff&#x27;s claim and pleaded in paragraph 12 that -</p><p class="ql-align-justify">&quot;(12) Further to the above the defendant avers that all matters complained of occurred more than 6 years ago and the claim is therefore statute barred.&quot;</p><p class="ql-align-justify">The defendant did not make a formal application to strike out the plaint but instead raised a preliminary objection at</p><p class="ql-align-justify"> the trial that the plaintiff&#x27;s claim was time-barred. The learned Judge dismissed the preliminary objection and it is against that decision that the defendant …</p>