<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>This is an appeal from the judgment of the High Court of Kenya at Mombasa (Mwera, J.) delivered on <em>28</em><em>^th</em><em> October, 2004</em> in which the learned Judge awarded the appellant a sum of <em>Shs.197,000/=</em> as damages arising from an accident between two vehicles on <em>9</em><em>^th</em><em> October, 1997</em>.</p><p>The appellant herein was the plaintiff in the superior court and he brought the action as the administrator of the estate of the late <em>Islam Mahmud Salim</em>. In the plaint filed in the superior court it was pleaded that as the deceased Islam was clearing his employer’s truck Reg. No. KAH 145 N which had been parked along Bishop Makarios Road Mbaraki Mombasa, the respondent’s driver or agent brought along truck <em>Reg. No. KAE 495K</em> in such a careless and negligent manner that it hit and crashed Islam fatally. The particulars of negligence were set out in the plaint. It was further pleaded that the deceased Islam was aged <em>22 years</em>, was healthy and working for a living with African-line Transport Company Limite…</p>