JUDGMENT OF THE COURT
 This is an appeal from the judgment and decree of Osiemo, J., issued on 30th June, 2003 in High Court Civil Suit No. 61 of 1999. By the said decree, the appellant’s suit was dismissed with costs and judgment was entered in favour of the respondent against the appellant in respect of his counterclaim in the sum of Kshs. 1.700,000/= together with costs and interest. Aggrieved by the aforesaid orders, the appellant who was the plaintiff before the High Court, filed this appeal which is predicated on 9 substantial grounds of appeal to wit:-
1. That the learned Judge erred in fact and in law and misapprehended the material evidence which was adduced.
2. That the learned Judge erred in fact and in law in failing to consider the evidence relating to the security offered in terms of a lien over the fixed deposit account for the sum of Kshs.900,000/=.
3. That the learned Judge erred in fact and in law and misapprehended the evidence tendered relating to the repossession r…