JUDGMENT OF THE COURT
Trust Bank Limited , the appellant herein, advanced or was alleged to have advanced money to a company called Tamana Travel and Tours Limited , hereinafter called "the Company".
Kiran Ramji Kotedia, the respondent was a director of the Company. One of the conditions upon which the money was advanced or was to be advanced was that the respondent was to offer and did offer as security for the repayment of the money lent his property known as L.R. NO. 1870/111/443, Nairobi . So on the 27th May, 1998, a charge to secure the repayment of Shs.15 million was created over the respondent's said property. At some stage, the appellant was placed under the statutory management of the Central Bank of Kenya. The appellant thought the Company was not repaying the loan advanced to it as had been agreed. So on the 20th November, 1998, one Anuj Desai Advocate wrote to the Company as follows on behalf of the appellant:
" Date: 20th November, 1998
Tamana Travel and Tours Limited
P. O. Bo…