JUDGMENT OF THE COURT
This is a first and last appeal from the decision of the superior court (Mbaluto J.) delivered on 4th May 2001 in the High Court at Milimani Commercial Courts, Civil Case Number 394 of 1998 in which the superior court entered judgment in favour of the respondent, Savings and Loan (Kenya) Ltd. (then plaintiff), against the appellant herein, Timothy U.K. M’Mella (then defendant), for Ksh.4,062,316/= together with interest thereon at the rates prevailing from time to time on mortgage accounts and costs of the suit together with interest thereon at court rates.
In his memorandum of appeal dated 24th September 2001, the appellant raises grounds which are in brief, that the learned Judge erred in failing to determine whether there was any valid charge created between the appellant and the respondent before 8th October 1991; that the learned Judge failed to resolve what he called “that difficult question” in his judgment while that question was central to the whole case o…