STEPHEN MWAURA NJUGUNA V. DOUGALS KAMAU NGOTHO & BARCLAYS BANK OF KENYA LIMITED

JUDGMENT OF THE COURT

In an order made and dated 14^th March, 2012, this Court differently constituted directed that Civil Appeal Nos. 90 of 2005 and 247 of 2007 be listed for hearing on the same day before one bench which would thus give appropriate directions as to the manner of dealing with them. This was done and on 4^th June, 2012, the two appeals were listed before us when we made an order that the two appeals be consolidated and be heard in Civil Appeal No. 90 of 2005. We also noted as was observed by this Court differently constituted earlier on that in Civil Appeal No. 90 of 2005, there were two appeals filed in one record of appeal. Although, on procedural law this might not have been proper but in the spirit of the provisions of Section 3A and 3B of the Appellate Jurisdiction Act as well as Article 159 of the Constitution, and as the appellant is in person, we decided nonetheless to hear the two appeals so as to ensure substantive justice is attained in the entire saga. This j…