JUDGMENT
On January 3, 1974, the appellant (defendant) borrowed from the respondent (plaintiff) a portable cross-cut saw in good working condition. Inspite of being repeatedly asked to return it, the defendant did not do so until January 27, 1976.
On February 12, 1974, when replying to the defendant’s letter of 4th February, which is not included in the record of appeal, the plaintiff’s advocate wrote that the saw was damaged while it was being used by the defendant, and it would not be collected until it was repaired to the plaintiff’s satisfaction; that, in the meantime the plaintiff was claiming Shs 30 per day for loss of user of the saw.
The plaintiff instituted a suit against the defendant on May 28, 1974 claiming return of the saw in good working condition and damages at the rate of Shs 30 per day until so returned, together with interest at court rates on the sum awarded until payment thereof.
The defendant denied having borrowed the saw in its defence filed on June 7, 1974. Whe, h…