JUDGMENT OF THE COURT
The appellant, Peter G.N. Ng’ang’a as the registered proprietor of KAJIADO/OLOOLOITIKISHI/KITENGELA/2913 (the suit property) brought an action against the respondents, Daniel Gichanga Kariuki T/A Watts Enterprises and National Bank of Kenya Ltd for a declaration:-
“a) THAT the Instrument of Charge registered in escrow is null and void and unenforceable against the plaintiff or against his property Kajiado/Olooloitokishi/Kitengela/2913.
- THAT the registration without disbursement of loan funds and the exercise of statutory sale in respect of the said property is unconscionable, high-handed, oppressive, illegal and inequitable.
- THAT there was no consideration for the 2nd defendant’s charge on Kajiado/Olooloitokishi/Kitengela/2913 which wholly failed.
- THAT consideration for the alleged charge was a past consideration and is not sufficient in law to support the alleged agreement for charge on Kajiado/Olooloitokishi/Kitengela/2913.
- THAT in any event unsecured overdraught fac…