SEBASTIAN CABOT BWAMU V. NOAH THUO GICHIA & CADBURY KENYA LIMITED

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of the superior court given on 18th January, 2000, in Nairobi, in its Civil Case No.1177 of 2000. The superior court dismissed with costs, the said suit in which Sebastian Cabot Bwamu, the appellant, was the plaintiff. Following that dismissal the appellant brought this appeal.

The appellant's amended plaint alleged, inter alia, that he was run over by motor vehicle registration No. KAH 214W, on 18th December, 1999. As a result he broke his left leg which was thereafter amputated below the knee. The said motor vehicle was at the time owned by Cadbury Kenya Limited, the 2nd respondent, and was being driven by Noah Thuo Gichia, the first respondent, in the course of his employment with the 2nd respondent. The appellant's claim was for special and general damages. Particulars of the special damages were given. The appellant attributed the accident to the first respondent's negligence in driving the said vehicle.

In a writt…