IN THE COURT OF APPEAL
AT NAKURU
(Coram: Madan Ag CJ, Kneller and Hancox JJA)
CIVIL APPEAL NO 46 OF 1984
Between
TIMSALES LIMITED ...........................................................APPELLANT
AND
UP and DOWN SAW MILLS (KENYA) LIMITED...................DEFENDANT
(Appeal from the High Court at Nakuru, Masime J)
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 Shs 30 per day for loss of user of the saw.
The plaintiff instituted a suit against the…