JUDGMENT
Background
1.This appeal arises from the Ruling of Hon. Justice H. Ong’undi delivered on 4th July 2019 in Makueni High Court Case No. 5 of 2018 in which the 1st Respondent, Boniface Kivindyo Mutisya, had sued Consolidated Bank Limited (the Appellant herein), Alfred Kavila Kivindyo (2nd Respondent herein) and Alma Solutions Limited (the 3rd Respondent herein) seeking –
(a) an order of permanent injunction restraining the Appellant, the 2nd and 3rd Respondents (the defendants in that suit),their servants or agents from disposing of, selling or otherwise interfering with Land Parcel Numbers Mbooni/Iiani/107 and Mbooni/Iiani/884;
(b) a declaration that the charge registered on the two parcels of land in favour of the Appellant is illegal and a nullity;
(c) an order discharging the charges registered on the parcels of land aforesaid; and
(d) costs of the suit and interest at court rates.
2.The appellant filed its defence and counterclaim against the 1st, 2nd and 3rd Respondents seeking –
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