<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The appellant DAUGLAS ERICK NYAKUNDI MASIRA moved to the High Court at Kericho and presented a plaint dated the 1^st day of August 2007, directed against the respondents, RONGAI WORKSHOP LTD and PETER KARENGE MUNGAI the 1^st and 2^nd respondents respectively.</p><p class="ql-align-justify">In it, the appellant sought both special and general damages, costs, interest and any other relief that the court would deem fit to grant.</p><p class="ql-align-justify">The cause of action arose from a road traffic accident which occurred on the 3^rd day of June 2007 near Kericho Teachers College, involving the appellant as a pedestrian and motor vehicle registration number KVP 367 lorry make Leyland and pulling trailer Z9569, owned by the 1^st respondent. It was being driven by the 2^nd respondent in his capacity as the driver, servant and/or agent of the 1^st respondent.</p><p class="ql-align-justify">It was the appellants averment that the said accident occurred as a result of the 2^nd respondent’s negligent manner of driving as particularized in the plaint. The appellant cont…</p>