J U D G M E N T
James Mugo Manyara, hereinafter referred to as the appellant is aggrieved by the Judgment delivered by the Senior Resident Magistrate Nyeri in Chief Magistrate Civil Case No. 554 of 2002 on 22nd May 2004 in which the Senior Resident Magistrate gave judgment in favour of James Gitu Wambugu (hereinafter referred to Respondent) suing as the administrator of the estate of Henry Wambugu Gitu (hereinafter referred to as deceased) for general damages of Kshs.120,000/= in respect of loss of life Kshs.204,000/= in respect of lost years Kshs.5,000/= for pain and suffering and special damages of Kshs.17,000/=.
It is the appellant’s contention:
· That the trial magistrate erred in finding the Appellant to blame for the accident.
· That there was no evidence to support the award for lost years and
· That the trial magistrate applied wrong principles in awarding damages for lost years.
· That the award for expectation of life was inordinately high
· That there was no evidence to support th…