IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MUSINGA, GATEMBU and MURGOR, JJ.A.)
Civil Appeal No. 45 Of 2014
BETWEEN
FRED BEN OKOTH ............................................ APPELLANT
AND
EQUATOR BOTTLERS LIMITED ......................... RESPONDENT
(An appeal from the Judgment of the High Court of Kenya at Kisumu, (Chemitei, J.) dated 25th day of March, 2014
in
H.C.C.A. NO. 28 OF 2011
****************************
JUDGMENT OF D. K. MUSINGA, J. A.
Introduction
1. This is a second appeal from the original decision of Awino, Senior Principal Magistrate, in CMCC NO. 71 of 2009 at Kisumu where the trial court, in its judgment delivered on 2nd March, 2011, found the respondent liable for an accident that caused total loss of sight to the appellant’s left eye and awarded him general damages in the sum of Kshs.650,000/= and Kshs.200,000/= for further medical expenses.
2. Being dissatisfied with that judgment, the respondent preferred an appeal to the High Court (Chemitei, J). The learned judge held that the …