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Timsales Limited v. Up&Down; Saw Mills (Kenya) Limited

(1985) JELR 96282 (CA)

Court of Appeal  •  civ app 46 of 84  •  6 Nov 1985  •  Kenya

Coram
Alan Robin Winston Hancox, Alister Arthur Kneller, Chunilal Bhagwandas Madan

Judgement

REPUBLIC OF KENYA

Court of Appeal, at Nakuru

Civil Appeal No 46 of 1984

Timsales Limited

versus

Up&Down Saw Mills (Kenya) Limited

(Appeal from the High Court at Nakuru, Masime J, Civil Suit No 87 of 1974)

November 6, 1985, Madan Ag CJ delivered the following

Judgment.

On January 3, 1974 the appellant (defendant) borrowed from the respondent (plaintiff) a portable cross-cut saw in good working condition. Inspite of being repeatedly asked to return it the defendant did not do so until January 27, 1976.

On February 12, 1974, when replying to the defendant’s letter of 4th February, which is not included in the record of appeal, the plaintiff’s advocate wrote that the saw was damaged while it was being used by the defendant, and it would not be collected until it was repaired to the plaintiff’s satisfaction; that, in the meantime the plaintiff was claiming Kshs 30 per day for loss of user of the saw.

The plaintiff instituted a suit against the defendant on May 8, 1974 claiming return of the saw i…

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