JUDGMENT OF SICHALE, JA
In an amended plaint filed on 26th September, 2007, Richard Norman Mudibo, (the then plaintiff and the appellant herein) filed suit against Stephen K. Macharia (the then 1st defendant) and Patrick Osoo Odhiambo (the then 2nd defendant and the respondent herein). At paragraph 3 of the amended plaint, the appellant averred that:
“At all material times to this suit, the plaintiff was the registered owner of motor vehicle registration number KAS 815 H and the 1st defendant was the registered owner of motor vehicle registration number, KAJ 389 B whereas the 2nd defendant was the beneficial owner of the said motor vehicle registration number KAJ 389 B”.
Further, the appellant alleged that on or about 20th June, 2005, at about 8.30 p.m., the appellant was driving his motor-vehicle registration No. KAS 815 H along Uhuru Highway/Kenyatta Avenue roundabout when the defendants’ authorized driver negligently drove motor-vehicle registration No. KAJ 389 B thus, causing damage …