JAYENDRA KUMAR HARIA V. ABDULRASUL HUSSEIN

JUDGMENT OF THE COURT

This is an appeal by the plaintiff from the decree and judgment of the superior court (Mbogholi Msagha, J) given on January, 30, 1996 whereby he entered judgment in favour of the plaintiff for Ksh.100,000/= general damages and Ksh.16,920/= by way of special damages with costs and interest.

On October 27, 1992 the plaintiff was a fare paying passenger in the defendant's vehicle KWT 306 travelling between Mombasa and south Coast along Ukunda/Mombasa road.

While at Ngombeni on the main road it left the road and violently hit a tree thus causing the plaintiff to suffer injuries to his person. The plaintiff sued the defendant claiming general and special damages. In paragraph 3 of the plaint it was pleaded that the collision occurred as a result of the negligence of the defendant's driver. By his defence, the defendant denied negligence.

At the trial, the plaintiff gave evidence in support of his claim and two medical reports were put in evidence as to the plaintiff's inj…