ERNARD ONKOBA TINEGA T/A BETICO AUCTIONEERS & ANOTHER
V.
NATIONAL BANK OF KENYA LIMITED

JUDGMENT OF THE COURT

This is an appeal from the ruling of Bauni J. delivered at Kisii on 26^th October, 2004. The background to this appeal is that the respondent herein NATIONAL BANK OF KENYA LIITED filed a civil suit against both appellants (who were the defendants in the superior court seeking judgment in the sum of Kshs.3,172,410 together with interest at 26% p.a. from 19^th March, 2003 until payment in full. The salient paragraphs of this Amended Plaint filed in the superior court on 28^th August, 2003 were as follows:- “3A(1) The overriding objective of this Act and the rules made hereunder is to facilitate the just expeditious, proportionate and affordable resolution of the appeals governed by the Act.3B(1) For the purpose of furthering the overriding objective specified in section 3A, the Court shall handle all matters presented before it for the purpose of attaining the following aims -

(a) the just determination of the proceedings;

(b) the efficient use of he available judicial a…