JUDGMENT OF THE COURT
This is a first appeal from the ruling and order of Lessit, J. given on 17th July, 2009 on an interlocutory application to amend a defence. The learned judge allowed the application. Because the suit in the High Court has not been heard on merits we have to chart a careful path so that we do not make comment or make findings that could embarrass the trial court.
The history of the matter in the High Court is long and winded and we set out the facts here only as are necessary to determine the appeal before us.
The appellants Samuel O. Tima and Lydia Nyambonyi who are husband and wife took a loan from the 1st respondent Housing Finance Company of Kenya and offered as security their property known as L.R. No. 36/111/948 Eastleigh, Nairobi. There were problems in paying the installments due from the appellants to the 1st respondent and in consequence after various efforts to recover the loan the 1st respondent in exercise of its statutory power of sale sold the said pro…