JUDGMENT OF THE COURT
[1] Julius Musili Kyunga who is now the appellant before us was the registered proprietor of a parcel of land known as LR 2812/1 MN situated at Shanzu Mombasa (hereinafter referred to as “the suit property”). By a plaint dated 12th November, 2008, the appellant filed a suit against Kenya Commercial Bank Limited and Joel Titus Musya T/A Makuri Enterprises (hereinafter referred to as the 1st and 2ndrespondent respectively).The appellant sought to have a charge document dated 4th September, 1997 in respect of the suit property declared a nullity for want of consideration, and orders that the respondents be restrained from selling, or otherwise realizing the mortgage by disposing of the suit property. In addition the appellant sought orders that any debt he owed to the 1st respondent was either fully settled or should be recovered through a civil suit.
[2] The appellant contended that although he signed the charge document by which the 1st respondent agreed to advance …