JUDGMENT
JUDGMENT OF TUIYOTT, JA
In this second appeal, two issues of law arise for our consideration: the nature and quantum of damages that ought to be awarded to the respondent and the date when interest on the damages ought to accrue.
Awino Oreko (the respondent) is a sugar cane farmer in Kongudi sub location, Migori. The appellant, South Nyanza Sugar Company Ltd. (Sony), is a sugar mill. The two entered into a written agreement dated 19th September, 2003 in which Sony contracted the respondent to grow and to sell its sugarcane on his land parcel being plot number 48a in field number 10 in Kongudi sub location measuring 1.0 hectares.
The respondent complained of breach of that agreement and took out proceedings for breach of contract against Sony in Rongo PMCC No. 108 of 2012 (Awino Oreko –vs- South Nyanza Sugar Co. Ltd.). In a judgment dated 30th April, 2014 and delivered on 29th May, 2014, the trial court found that the respondent had maintained the sugar crop to maturity but that S…