JUDGMENT OF THE COURT
1. This is an appeal by Mugo Muiru Investment Limited (the appellant) against the judgment of the High Court (R. Kuloba, J.) delivered on 14th October 2003 in H.C.C Suit No. 4709 of 2007 in which the 1st respondent, E W B, the wife of the 2nd respondent (S B), had sued the latter as the 1st defendant and the appellant as the 2nd defendant and The Housing Finance Company of Kenya Limited, the 3rd respondent, as the 3rd defendant. The said suit was commenced by way of a plaint and not by way of Originating Summons prescribed by Order 36 Rule 3A of the Civil Procedure Rules. In the suit, the 1st respondent qua plaintiff claimed that she had beneficial interest in the matrimonial home known as L.R. [particulars withheld], Loresho, Nairobi, which was mortgaged to the 3rd respondent as chargee. The 3rd respondent qua chargee sold the said property to the appellant to recover the mortgage debt owed to it by the 2nd respondent.
2. The High Court de…