JUDGMENT OF THE COURT
(1) This is an appeal from the judgment of Keiwua, J (as he then was) dated the 7th June, 1995 at Nairobi in H. C. C. C. No. 307 of 1995, filed pursuant to leave granted Tunoi, JA (as he then was) on the 9th May, 2002 in Civil Application No. 360 of 2001.
(2) The procedural history of the appeal and its antecedents are as follows. In 1980, Mr. Thairu Waruihiu (now deceased) charged a parcel of land namely Title Number KONYU/GACHUGU/576 (the suit property) to Continental Credit Finance Ltd. In default of repayment, the charger exercised its statutory power of sale by selling the suit property by public auction in Nyeri town on the 8th January, 1982 to Mr. George Kariuki Kabugu, the respondent in this case. In challenging the sale immediately thereafter, the chargor filed suit against the chargee, the auctioneer and the Land Registrar in the Eldoret registry vide Eldoret H.C.C.C. No. 60 of 1982. After seven years without any further developments, the respondent herei…