The respondent obtained judgment against the defendant in the sum of K22, 351.64 and interest at the rate of 11 percent per annum with costs of K74.40. Ultimately a writ of elegits was issued in execution of the judgment and the respondent took possession of the appellants' farm. This was followed by various proceedings which culminated in a ruling by a District Registrar giving judgment against the respondent in the sum of K9, 623,935.05. The respondent appealed to the High Court which set aside the District Registrar's order. The appellant against the High Court order.
Held:
(i) The judgment creditor has a duty to use its best endeavors to liquidate the judgment debt as soon as possible. If through its willful default any loss occurs it is responsible for such loss.