SAMUEL KAMAU MACHARIA V. DAIMA BANK LIMITED

JUDGMENT OF THE COURT

This is an appeal by the unsuccessful defendant from the judgment of the superior court (Onyango Otieno, J. – as he then was) in which the learned judge gave judgment in favour of the plaintiff, Daima Bank Ltd. (the respondent in this appeal). This being a first appeal, it is in form of a rehearing and for that matter, it will be necessary to go back to the pleadings in the superior court. In its plaint filed in the superior court on 21^st October, 1998 the plaintiff (respondent herein) stated inter alia:-

“3. That on around the 2^nd January, 1996 the plaintiff herein at the defendant’s request did offer loan facilities to the defendant for K.shs.7,000,000 which loan facilities the defendant accepted and duly executed a charge in favour of the plaintiff over his land reference Galu/Kinondo/50 as a security for the said loan.

4. The defendant has failed in his obligation to repay the said loan to the plaintiff which loan stands at K.shs.23,491,007.65 as at 9^th October,…