DAVID MARWA & STEADY LIMITED V. NELSON NJIHIA KIMANI

JUDGMENT OF THE COURT

This is an appeal against the Judgement of Mulwa, J. delivered on 13^th April, 2017.

A brief background to this appeal is that NELSON NJIHIA KIMANI the respondent herein (the then plaintiff) filed suit against DAVID MARWA and STEADY LIMITED, (the then 1^st and 2^nd defendants and the 1^st and 2^nd appellants herein). In paragraph 5 of the plaint, the respondent averred that:-

“On 15^th September, 2009 or thereabout while the plaintiff was lawfully driving motor vehicle registration number KBG 039 L along Nakuru/Eldoret road at Ngala Bridge, the steering cut as a result of which the aforesaid motor vehicle lost control and subsequently caused serious injuries to the plaintiff.”

The Respondent further averred that:-

“As a result of the said accident, the plaintiff sustained serious injuries incapacitating his day to day activities and he is still undergoing treatment and he thus claims damages for loss of earnings and future medical expenses.”

The 1^st and 2^nd appellants filed …