DAVID KIPRUGUT & ANOTHER V. PETER OKEBE PANGO

JUDGMENT OF THE COURT

This is an appeal from the judgment of the superior court (Omondi Tunya, J.) delivered at Eldoret on 1^st November, 2002 in which the learned Judge awarded the respondent herein, Peter Okebe Pango (as the plaintiff in the superior court) a sum of Shs.1,552,000/= as general and special damages arising out of a traffic road accident in which the respondent sustained injuries.

The respondent herein, Peter Okebe Pango, filed a suit against the appellants in the superior court. The pertinent paragraphs of the amended plaint were as follows:-

“1. The plaintiff is a male adult of sound mind and his address of service for the purposes of this suit is care of KITIWA and COMPANY ADVOCATES, 1^ST FLOOR, SIMPHI HOUSE, OLOO STREET, P.O. BOX 6680, ELDORET.

2. The 1^st defendant is a male adult of sound mind and was at all material times to this suit the driver of motor vehicle registration number KAE 567F. His address of service is care of P.O. Box 4338, Eldoret (Service of summons to…