JUDGMENT OF THE COURT
This appeal involves a long standing dispute regarding two parcels of land known as SOUTH SAKWA/KOGELO/566 (belonging to the first appellant and SOUTH SAKWA/KOGELO/525 (belonging to the second appellant) - hereinafter collectively referred to as "the suit properties".
In or about July, 1979 the first respondent prevailed upon the appellants to hand over to him the title documents of the suit properties to enable him to obtain a loan from the third respondent for which purpose the said title documents were to be used as security.
When this appeal came up for hearing Mr. P.J.O. Otieno for the appellants abandoned ground four (4) in the memorandum of appeal in the face of objection by Mr. Orora for the third respondent (the bank) as to non-inclusion in the record of appeal exhibits numbered 2, D, F and L in the superior court. Those exhibits would have been necessary if the said ground 4 was to be argued. On that basis we allowed Mr. Otieno to argue the appeal.