JUDGEMENT OF THE COURT
This appeal arises from the ruling of the Environment and Land Court (Yano, J.) which struck out the appellant’s Notice of Motion dated 11th May 2017 that sought Judicial Review orders where it had been alleged that the appellant had not complied with the provisions of order 4 rule 1 (4) of the Civil Procedure rules by failing to file a resolution and or authority allowing Josephine Musembi to swear the verifying affidavit in support of the Judicial Review Petition filed in terms of order 53 rule 1 (2) of the Civil Procedure rules.
As a brief background, sometime in 2003, the appellant then operating under the name of Southern Credit Corporation Limited, advanced certain loan facilities to the 2nd respondent, his partners trading as Jingo Tours and Safaris. The 2nd respondent’s property namely Mombasa/Block XVII/797 (the charged property) was provided as security for the loan. Jingo Tours and Safaries defaulted in the loan repayments, and the appellant exercised …