KENYA COMMERCIAL BANK LTD V. ALLOYS KAYIHURA KAVEN T/A ALLOYS KAVEN & CO BAKERY

RULING OF THE COURT

Kenya Commercial Bank Ltd, the applicant before us, is aggrieved by the decision of Mary Kasango, Ag. J. made on the 22nd day of November 2004. By that decision, the learned Judge ordered as follows:-

“1. The defendant [i.e. the applicant herein] shall within seven (7) days from this date hereof forward to the plaintiff’s counsel the title document and discharge of charge in relation to property L.R. No. 14431 NGONG TOWNSHIP which shall be held by the said counsel until further orders of this court.

2. If the defendant fails to supply account (sic) in accordance with the order of 29 th January, 2004 of Justice Emukule within two weeks from today the plaintiff may move this Court for leave to register the discharge of charge.

3. The defendant shall bear the plaintiff’s costs of the application of the Notice of Motion dated 16 th April, 2004 which costs shall be agreed within fourteen days if no agreement the same shall be subject to taxation.”

The “plaintiff” referred t…