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Timsales Ltd v. Up & Down Saw Mills (Kenya) Ltd

(1985) JELR 96281 (CA)

Court of Appeal  •  Civil Appeal 46 of 1984  •  6 Nov 1985  •  Kenya

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

Judgement

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…

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