JUDGMENT OF THE COURT
1. The appellant is a financial institution. On a date which is not specified in the record of this appeal, the appellant advanced a sum of Kes.200,000/= to one Emmanuel Kendagor Simatei (the borrower) on the security of a chattels mortgage over two fresian cows.
2. Upon default in the repayment of that loan, on 5th May 2010, the appellant caused the seizure of two fresian cows from the respondent who is the borrower’s father. The following day, that is, on 6th May 2010, the respondent filed a suit in the Chief Magistrate’s Court at Eldoret and sought an injunction to restrain the appellant from selling those animals and their restitution to him. Despite protestations from the respondent, the appellant caused those animals to be sold. The respondent thereafter amended his plaint and claimed the value of the two cows and loss of income from the milk those animals gave him.
3. After hearing the case, the subordinate court entered judgment for the respondent in the sum…