RULING OF THE COURT
In a ruling of this Court differently constituted dated 23rd March, 2007, these applications namely Number NAI. 194, 195 and 196 all of 2006 were consolidated. They came before us for hearing and were heard together. This ruling is therefore in respect of all of them.
In a plaint filed in the superior court at Kisumu on 3rd December, 2003 the second, third, fourth and fifth respondents in the application sued the first respondent in the applications, then known as Delphis Bank Limited, seeking three declarations and orders directing the first respondent to execute a discharge of the charge registered against land parcel Number South/Wanga/Lureko/1892, and payment of the sum of Kshs. 3,750,000 and interest thereon at court rates since October, 1999 upto the date of payment. The first respondent, in response filed statement of defence and counter-claim. In the counter-claim, it cited the applicant in these applications Rajnikant Karsandas Somaia as the third defendant …