DAUGLAS ERICK NYAKUNDI MASIRA V. RONGAI WORKSHOP LIMITED & PETER KARENGE MUNGAI

JUDGMENT OF THE COURT

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.

In it, the appellant sought both special and general damages, costs, interest and any other relief that the court would deem fit to grant.

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.

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…