JUDGMENT OF THE COURT
The appellant, JOGINDER AUTO SERVICE LTD is aggrieved by the judgment and decree of the superior court (Ole Keiwua, J – as he then was) by which the superior court found the appellant liable and entered judgment for the respondents in the sum of Shs.3,110,000/- with costs and interest.
The dispute between the parties can be traced to a plaint filed in the superior court on 11th April, 1995. The relevant paragraphs of the plaint were as follows:-
“3. On or about the 12th day of July 1993 the Plaintiff through his duly appointed agent Mr. Parvez Saroya delivered to the defendant at the defendant’s garage/workshop on Butere Road, Industrial Area, Nairobi the said motor-vehicle for service and repairs by the defendant.
4. It was an express or implied term of the said agreement:-
(a) that the defendant would keep the said motor vehicle in a safe and secure place while the same was in its custody, control and possession for the purposes aforesaid
(b) that the plaintiff will …