<p><strong>OLLENNU J.A.</strong></p><p>The respondent, hereinafter referred to as the plaintiff, sued the appellant, hereinafter referred to as the defendant and claimed:</p><p>“Thirteen cows out of 46 cows produced by the original two calves deposited by the defendant with the plaintiff for agistment or alternatively five hundred and twenty pounds (£G520) being the value of the thirteen cows at £G40 per cow. Ten shillings (10s.) being money which the defendant promised to pay in respect of the first two cows produced, and Seventeen pounds ten shillings (£G17 10s.) being balance of medical expenses incurred in respect of the defendant’s cows deposited with the plaintiff.”</p><p>In his statement of claim supporting the writ he pleaded inter alia:</p><blockquote>“(1) The plaintiff is a cattle owner possessing a kraal. </blockquote><blockquote>(2) By an oral agreement between the plaintiff and the defendant in 1936 the plaintiff undertook to agist, feed, breed and take care of two cows deposited by the defendant with the plaintiff. </blockquote><blockquote>(3) In the above-mentioned agreement…</blockquote>