NATIONAL BANK OF KENYA LTD V. WILSON NDOLO AYAH

JUDGMENT OF THE COURT

National Bank of Kenya Limited, the appellant in the appeal before us, was the defendant in Nairobi High Court Civil Case NO. 1723 of 1997, with Hon. Wilson Ndolo Ayah, the respondent herein, as the plaintiff. In that suit the respondent prayed for, among other relief’s, a declaration that a charge and Deed of Guarantee, both in favour of the appellant, dated 23^rd July 1990 and 17^th October, 1990, respectively were null and void ab initio, and that the sums of money they purportedly secured were irrecoverable. Both documents were executed by the respondent for the benefit of a company known as Bungu Investments Ltd, and were drawn by one v. Nyamodi, advocate.

At the trial the Court found as a fact that on the respective dates the two documents were drawn v. Nyamodi, did not hold a current Advocates Practicing Certificate, and was therefore not qualified to draw those documents in view of the provisions of section 34 of the Advocates Act, Cap 16 of the Laws of Kenya…