JUDGMENT
In its judgment, the subject of this appeal, dated 19th November 2019 and delivered on 27th November 2019, the Environment and Land Court (ELC) (A. Omollo, J.) dismissed the appellant’s claim seeking a declaration that the sale and transfer of a property known as L.R. No. MN/1.14414 (C.R. 42081) Shanzu Mombasa (the property) by the 1st respondent (the bank) in exercise of its statutory power of sale was unlawful and illegal. In the same judgment, the court upheld the 2nd and 3rd respondents’ title to the property; ordered the appellant to vacate the property and hand over possession to the 2nd and 3rd respondents within 60 days from date of the judgment; and ordered the appellant to pay to the 2nd and 3rd respondents’ mesne profits of Kshs. 80,000 per month from 10th February 2017 until the time they get possession of the property.
The facts, as established by the trial court are that appellant applied for, was offered, and granted a mortgage facility of Kshs. 7,650,000 by the …