JUDGMENT OF THE COURT
The Appellant's large vehicle, a prime mover with a tanker trailer, was on 21st June, 1994, involved in an accident with the Respondent's vehicle, a semi-trailer tanker.
The Appellant, alleging negligence on the part of the Respondents driver who at the time, was driving the Respondent's semi-trailer tanker, sued the Respondent for damages for the extensive damage done to his large vehicle and for the resultant loss suffered by him. In this respect, the Respondent sought special damage, inter alia, for the cost of repairs and the pre-accident value of his large vehicle, and for loss of user for the three weeks that it took to repair the large vehicle at the rate of kshs.25,000/- per day making a total of Kshs.525,000/-. Subsequently, it was agreed by consent, that apart from the Respondent being liable in full for the cost of a Police Abstract of Kshs.100/- and the Investigators fees of Kshs.13,939/-, the Respondent be only liable for 80% of the proved damages sust…