JUDGMENT OF THE COURT
This is an appeal against the ruling and order of the superior court (Hewett J) dated 8th March, 2001 dismissing the appellants’ application for review of the earlier ruling and orders of 13th November, 2001 allowing the respondent’s suit and striking out the 1st appellant’s counter claim.
The suit in the superior court was instituted by Co-operative Merchant Bank Ltd, the respondent herein against the three appellants. The respondent averred in the plaint, inter alia, that on 26th January, 1995 Mumby’s Food Products Limited (1st appellant) charged its land title number Dagoretti/Uthiru/T.71 to secure a loan of Shs.2,000,000/= advanced to it by the respondent; that the loan was further guaranteed by both Joseph Alex Gichuhi (2nd appellant) and Felistas M. Gichuhi (3rd appellant) who each executed a guarantee dated 31st January, 1995 limited to a maximum sum of Shs.2,000,000/=; that in due course, the 1st appellant defaulted in the servicing of the advanced sum; tha…