REPUBLIC OF KENYA
Court of Appeal, at Nakuru
Civil Appeal No 46 of 1984
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
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…