JUDGMENT OF KNELLER, JA
On June 29, 1982, the High Court (Chesoni, J) gave judgment for the respondent Duncan Mwangi Wambugu (Wambugu) against the first appellant, Ephantus Mwangi (Mwangi) and the second appellant, Geoffrey Nguya Ngatia (Ngatia), jointly and severally for Shs 91,252/50 special damages and Shs 110,000 general damages, costs and interest. Wambugu was the plaintiff before the High Court and Mwangi and Ngatia the first and second defendants respectively.
Wambugu, by his plaint filed on April 15, 1981, asked for judgment against Mwangi and Ngatia jointly and severally for special damages and general damages because he sustained severe injuries and pain and his vehicle was a write-off, as the consequence of an accident for which, he alleged Ngatia’s negligence was responsible, and Mwangi was also responsible, because Ngatia was his agent or servant at the time. Mwangi and Ngatia, in their defences of May 21, 1981, admitted Ngatia was the servant of Mwangi but denied the secon…