SPIRE BANK LIMITED V. LAND REGISTRAR & 2 OTHERS

JUDGEMENT OF THE COURT

This appeal arises from the ruling of the Environment and Land Court (Yano, J.) which struck out the appellant’s Notice of Motion dated 11^th May 2017 that sought Judicial Review orders where it had been alleged that the appellant had not complied with the provisions of order 4 rule 1 (4) of the Civil Procedure rules by failing to file a resolution and or authority allowing Josephine Musembi to swear the verifying affidavit in support of the Judicial Review Petition filed in terms of order 53 rule 1 (2) of the Civil Procedure rules.

As a brief background, sometime in 2003, the appellant then operating under the name of Southern Credit Corporation Limited, advanced certain loan facilities to the 2^nd respondent, his partners trading as Jingo Tours and Safaris. The 2^nd respondent’s property namely Mombasa/Block XVII/797 (the charged property) was provided as security for the loan. Jingo Tours and Safaries defaulted in the loan repayments, and the appellant exercised …