FAKIR MOHAMMED V. JOSEPH MUGAMBI KIARA & 2 OTHERS

JUDGMENT OF THE COURT

This is an appeal from the judgment of the superior court (Kasanga Mulwa, J.) delivered at Meru on 2^nd October, 2003. The appeal is basically on assessment of damages since liability was conceded.

The genesis of this appeal is High Court Civil Case No. 73 of 1989 filed at Meru in which the plaintiff Joseph Mugambi Kiara (1^st respondent in this appeal), sued Wilson Mwongera Mukindia as the 1^st Defendant and Henry Stepheno Kithinji as the 2^nd Defendant, as a result of a road accident which occurred on 2^nd January, 1988. In the plaint, it was pleaded that the plaintiff was a paying passenger in a vehicle being driven by the 2^nd defendant and owned by the 1^st defendant when the said 2^nd defendant drove the vehicle so negligently that it caused an accident in which the plaintiff sustained serious injuries. Pertinent paragraphs of the plaint were as follows:- “11. That as a result of the said 2^nd defendant’s negligence or recklessness or omissions, the plaintiff suffered…