JUDGMENT OF THE COURT
Three appeals, that is Civil Appeals numbered 199, 200 and 201 all of 1999 were consolidated for the purpose of hearing when their hearing began on 19th June, 2001. The parties to the three appeals are the same. Kenya Commercial Bank Limited is the appellant and Joshua Aggrey Oburi and Joakim Ochieng Okiah are the two respondents. On 27th May, 1997 Joshua Aggrey Oburi (the plaintiff) filed suit in the superior court against Kenya Commercial Bank Limited (the second defendant) and Joakim Ochieng Okiah (the first defendant) claiming the following reliefs:
"(a)A declaration that the plaintiff be and is hereby entitled to be discharged from being surety thereof.
(b)An injunction to restrain the Defendants by themselves their servants/agents from selling, attempting to sell or in other way howsoever disposing of all that parcel of land known as SIAYA/KARAPUL RAMBA/2793. "
The summons was served on the appellant on 29th March, 1997. The plaintiff on 13th April, 1997 applie…