PHILES NYOKABI KAMAU V. INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION

JUDGMENT OF THE COURT

This is an interlocutory appeal against the Ruling of the High Court (Hon. Mr. Justice Havelock, J.) (as he was then) dated the 1^st day of April, 2014.

The background to the appeal is that, the appellant Philes Nyokabi Kamau is the registered Proprietor of Land known as Njoro/Ngata Block 1/97 (the suit property). In or about October 1989, she agreed to charge the suit property in favour of the Industrial and Commercial Development Corporation (the respondent) to secure repayment of a loan of Kshs. 2,050,000/= advanced to her son Newton Kamau Ndovu T/A Ndovu Dry Cleaners (the borrower).

The borrower defaulted on the loan repayment prompting the respondent to file Nairobi HCCC No. 2851 of 1997 (the former suit) directed at the borrower and the appellant, as the guarantor, seeking the recovery of Kshs.7, 597,224.50 together with interest thereon at the prevailing commercial rate until payment in full, costs and any other relief that the court may deem fit to grant. The…