JUDGMENT OF LUTTA, J.A.
This is an appeal from a judgment of the High Court relating to a claim made by the appellant against the respondents Mehotoro Farm Limited (to whom, for convenience, I shall refer hereinafter as "the Company") and Mr. and Mrs Kamau - for the recovery of Shs.841,051/85 alleged to be due from the Company to the appellant; Shs.660,000/- severally from Mr. and Mrs Kamau under guarantees and indemnities signed by them in favour of the appellant; a declaration that two farms - being L.R. Numbers 1713/3 and 7538 are severally mortgaged and charged to the appellant in the sum of Shs.660,000/- each; and for an order, in default of payment by the company and Mr. and Mrs Kamau of the total amount due, for sale of the two farms. The learned judge dismissed the claim against the Company and Mr and Mrs Kamau and held that the memorandum of equitable mortgage by deposit of titles relating to the two farms - L.R. Numbers 1713/3 and 7538 dated 25th January, 1964 and the instrum…