JUDGMENT OF THE COURT
INTRODUCTION
1. This appeal is mainly against an order by the High Court, (Munyao, J.) that the appellant pays to the respondent a sum of Kshs. 5 million in damages for lodging an unlawful caution against its property known as Eldoret Municipality Block 6/308, hereinafter referred to as “the suit property”. The appellant had opposed the claim and contended that it was entitled to lodge the caution.
This being a first appeal, this Court is under an obligation to re-evaluate, re-assess and re-analyze the evidence tendered before the trial court and drawn its own conclusions. SeeKenya Ports Authority Versus Kuston (Kenya) Limited [2019] 2EA 212.
RESPONDENT’S PLEADINGS BEFORE THE HIGH COURT
2. Allan George Njogu Kamau, (Allan) an advocate of the High Court of Kenya, is a director of Allan George Njogu Residences Company Limited, the respondent. Allan operated a personal account with the appellant. Prior to November 1998, he had been accorded banking facilities and other f…