JUDGMENT OF THE COURT
In the course of arguments in this appeal, we were informed that there have been over 18 suits between the 1st respondent (Kenya Commercial Bank Limited – the bank), on the one hand and the 4th respondent (Muiri Coffee Estate Limited – the guarantor) and the 5th respondent (Benjoh Amalgamated Limited – the Company) on the other hand. The first suit was instituted in 1992. We are ourselves aware of the number of Judges of this Court who have had to recuse themselves from hearing any matter relating to this dispute on account of having dealt with one or more matters involving the three parties. Because of the well documented history of this dispute, we do not intend to rehash that history save to explain that the dispute relates to a loan facility extended by the bank to the company in 1989, secured by charges over two properties in Kiambu and Nyandarua guaranteed by the guarantor. There was default on the part of the company in the repayment of the facility. After …