JUDGMENT
July 12, 1988, Platt JA delivered the following Judgment.
The Appellant, Mr. Mbuthia appeared for himself and raised a number of grounds of appeal against the order of Schofield J who refused a temporary injunction pending the hearing of the suit. Mr. Kembi who appeared for the respondents answered the Appellant’s complaints in such a way that wide ranging and interesting considerations arose. Apaloo JA has set out a good deal of the way decisions have been made concerning this branch of the law. But it is right at the beginning of this discussion to ascertain precisely what suit the Appellant has brought.
The plaint of the Plaintiff Mbuthia reveals that in the month of February 1986 the Plaintiff borrowed Kenya Shillings 210,000/- to develop his house Nairobi/Block 73/225, the interest of the loan being the high sum of 19%. The loan was to be paid by monthly instalments. But although the Plaintiff had been repaying this debt, due to the high interest rate, the amount outstandin…