JUDGMENT
By this appeal, the appellant Basil Criticos, who was the plaintiff in Milimani Commercial Court Civil Suit No. 757 of 2009, challenges the judgment and orders of Kariuki, J. by which his claims as articulated in the suit were dismissed.
The appellant had sought a number of reliefs in the suit including;
(a) A declaration that the plaintiff is discharged and released from all liability under the legal charge dated 29th January, 1991 and guarantee dated 22nd January, 1991;
(b) A declaration that the defendants did not have any legal right to exercise the statutory power of sale in respect of the L.R No. 5865/2 and that the agreement for sale and transfer dated 5th September 2007 were executed in contempt of the injunctive orders issued in Milimani HCCC No. 270 of 2007 Amos Mutuki Mutungi & Anor. v Basil Criticos, Agro Development Company Ltd, National Bank of Kenya Limited and the Registrar of Titles and Milimani HCCC No. 108 of 2006 Agro Development Company Ltd & Basil Criticos v…