JUDGMENT OF THE COURT
Mr Bapat purchased an Akai video for Shs 23,500.00 from the firm Jayant K Shah in Eldoret on November 30, 1983.
Mr Shah wrote on the back of the cash sale receipt for Mr Bapat that the video was guaranteed by Musicraft Kenya Limited of Nairobi from November 30, 1983 to November 30, 1984.
The video broke down after 3 months so Mr Bapat returned it to Mr Shah who sent it to Musicraft to repair. It needed a new integrated circuit which Musicraft did not have. It ordered one from Akai in Japan which arrived six months later and then Musicraft replaced the defective one in Mr Bapat’s video with it. The video was sent back to Mr Shah in Eldoret for Mr Bapat to collect.
By then Mr Bapat had consulted an Eldoret advocate, Mr Kamau, because Mr Shah would not replace that video with another one or repair it in a reasonable time or refund its purchase price.
Mr Kamau filed a plaint for Mr Bapat asking for judgment against Mr Shah for Shs 23,500.00, damages for breach of the guar…