JUDGMENT
Judgement of Nambuye, JA
This is a first appeal arising from the judgment of the High Court of Kenya in Milimani Environment and Land court (ELC) Cause No 328 of 2013 (K Bor, J) dated September 12, 2018.
The substratum of the litigation resulting in this appeal is LR No Ndumberi/Ndumberi/1234 (the suit property) originally registered in the names of Jane Wanjiru Kagunda, now deceased (the deceased). On August 19, 2005 and July 7, 2006 respectively, the deceased executed a charge and further charge in favour of Standard Chartered Bank of Kenya Ltd, the 3rd respondent, (the bank) using the suit property as security to secure financial facilities in favour of Joseph Wachira Njuguna Njenga, the 4th respondent (4th respondent) in the sum of KShs 1,500,000.00 and Kshs 2,520,000.00 respectively. On July 23, 2007 and April 20, 2009 the bank converted the above instruments into overdraft facilities in favour of the 4th respondent to the total tune of KShs 5,600,000.00 for each conversion…