JUDGMENT OF THE COURT
On 30th October, 1992, the respondent filed suit against the appellant seeking mainly unconditional return of one sugarcane crasher, one Lister engine, one Yamaha engine, two busseries and one packet of Mitsubishi rings. The respondent did not quantify the value of those items. He also claimed general damages for trespass, illegal seizure of properties and suffering mental anguish. The statement of defence which was filed by the appellant through M/s. G.S. Okoth and Co. Advocates was struck out and the suit was heard by way of formal proof which culminated in a judgment delivered on 28th February, 2001 by Wambilyanga J (as he then was). The following decree was issued on 9th May, 2001:
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IT IS ORDERED THAT:
The defendant do return all the properties of the plaintiff confiscated [in] [namely] the sugarcane crusher, one Lister engine, one Yamaha engine and one packet of Mitsubishi rings.
The defendant do pay the plaintiff the sum of Kshs.300,000/= b…