JUDGEMENT
The plaintiff sued the defendants jointly and severally seeking damages for injuries sustained in an accident involving the defendants motor vehicle in which he was travelling as a fare paying passenger which accident occurred along the Kitale-Webuye road and which accident was due to the negligence of the defendants, their servants and or agents whose particulars are given. The plaintiff suffered injuries also particularized in the plaint for which he claims both special and general damages.
The defendants were served and they entered appearance and filed a defence avering that save that an accident occurred on or about the 9th day of October 1983 along Kitale-Webuye road to vehicle registration number KSG 714 owned by the first defendant and driven by the second defendant the defendants deny that the said accident was caused by the negligence of the second defendant as alleged in the plaint and all singular particulars of negligence are denied as if the same were set out …