PETER NGANGA MUIRURI V. CREDIT BANK LIMITED, CHARLES AYAKO NYACHAE T/A NYACHAE & CO. ADVOCATES & ATTORNEY GENERAL

JUDGMENT OF THE COURT

The parties to this appeal have come to this Court on appeal for the third time. In their first appeal, to wit Civil Appeal No. 237 of 1997 the appellant was Credit Bank Ltd with Peter Nganga Muiruri as respondent. In that appeal as in both the other two appeals, the dispute arose from a mortgage debt. There were two suits which were filed by the appellant herein against the first and 2^nd respondents which were consolidated and compromised by the recording of a consent judgment. Later on a dispute arose as to the interpretation of parts of that consent and the superior court in a ruling by Hayanga J. made orders which gave rise to the first appeal. This Court differently constituted handled that appeal and in a judgment which was pronounced on 6^th February, 1998 rendered itself, in pertinent part, thus:

“The tenor and effect of clause 1 (b) of the consent judgment did not extenuate in any manner the respondent’s contractual obligations in the repayment of his mortg…