JUDGEMENT OF THE COURT
This appeal is closely intertwined with Civil Appeal Nos 180 and 273 both of 2008 all filed at Kisumu. The facts and the events that took place before B. K. Tanui, J (as he then was) when the original suit came for hearing before him on 4th May, 2005 are related and similar. The Notice of Appeal in respect of this appeal states in part:-
“TAKE NOTICE that the Defendant herein, THE DELPHIS BANK LIMITED (NOW ORIENTAL COMMERCIAL BANK LIMITED) being dissatisfied with the decision of the Honourable Justice Tanui, given at the High Court, Kisumu on the 4th day of May, 2005, by which he directed that the Defendant does adduce evidence first, intends to appeal to the Court of Appeal against the whole of the said decision.”
The Notice of Appeal in respect of Civil Appeal No. 180 of 2008 states in part:-
“TAKE NOTICE that the Defendant herein, THE DELPHIS BANK LIMITED (NOW ORIENTAL COMMERCIAL BANK LIMITED) being dissatisfied with the decision of the Honourable Justice Tanui, …