JUDGMENT OF THE COURT
This is an appeal from the decree of the superior court (Osiemo, J.) given on 17th June, 1994, at Machakos, in which the learned Judge dismissed a liquidated claim by the appellant, Kenya Commercial Bank Ltd, of Kshs.117,237.70, and ordered that Kshs.15,000/= be refunded to, presumably both respondents herein, Mwanzau Mbaluka and Laxarus Kitili Vetu, who were the Ist and second defendants respectively. In this judgement we shall refer to them as the Ist and second respondent respectively. The facts giving rise to the litigation between the parties are short.
Sometime in September, 1988, the appellant at the request of the 2nd respondent agreed to grant him financial accommodation from time to time of such nature and in such manner as it would deem fit, provided that appropriate security and guarantee was furnished. At the request of the 2nd respondent the first respondent executed an instrument of charge on 16th September, 1988, by which he charged his parcel of la…