<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>In this second appeal, the appellant, Raphael N. Kiburi has challenged the decision of Shaikh M. Amin, J made on 1^st November 2001 in Civil Appeal No. 43 of 1999. The grounds of appeal are contained in the Memorandum of Appeal dated 1^st December 2004<em>, to wit</em>:</p><p><em>The Judge failed to appreciate the evidence of the witnesses which the subordinate court had heard and seen exhibits which conclusively and properly established that the Respondent’s vehicle was to blame for the accident</em></p><p><em>The learned judge failed to point out which of the subordinate court’s findings were improper and reached a verdict allowing the appeal without giving any reasons for such a conclusion</em></p><p><em>The learned superior court judge arrived at a decision which was against the weight of evidence tendered in the superior court</em></p><p><em>Admitting and placing heavy reliance on the evidence of PW3 whose evidence was to the effect that he was not at the scene of the accident whereas and indeed the evidence was to the effect t…</em></p>