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 appellant had not established his claim against the respondent and set aside the trial court’s judgment. That is the decision that triggered the appellant’s appeal to this Court.
The appellant’s pleadings before the trial court
3. In his plaint, the appellant stated that on 23rd September, 2008, being a retailer, he went to Tazama Hotel, a soda stockist/distributor, to buy sodas, which he alleged were ma…