<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This is an appeal against the judgment of the High Court (Mwera, J.) whereby the learned judge dismissed a claim by MUMBI M&#x27;NABEA (<em>herein the appellant</em>) against DAVID M.WACHIRA <em>(herein the respondent)</em> for special and general damages for injuries sustained by the appellant in a road traffic accident on the night of 20^th June, 2003.</p><p class="ql-align-justify">The appellant moved to court and in his further amended plaint dated 25^th June, 2009, the appellant averred, inter alia, that on the date of the accident, he was driving his motor vehicle registration number KZY 257 along Thika Road when the respondent drove and controlled motor vehicle registration number KAM 145C in such a reckless, negligent and careless manner resulting into a violent collision with the appellant’s motor vehicles. As a result of this accident, the appellant vehicle was damaged and he sustained serious injuries of permanent cord damage and permanent loss of power in both arms and legs.</p><p class="ql-align-justify">In his short written statement of …</p>