JUDGMENT OF THE COURT
1. On 15th July 2001, the appellant (then a minor aged 11 years old) was knocked down by the respondent’s motor vehicle as a result of which he sustained injuries. After recovery, he filed suit vide Nairobi Milimani CMCC No. 12684 of 2003 seeking general damages for injuries sustained and loss of future earnings. Upon hearing the parties, the Chief Magistrate apportioned liability 40% on the part of the minor appellant and 60% on the respondent. The trial magistrate awarded general damages at Ksh.500,000/=. Dissatisfied with the trial magistrate’s court award, the respondent appealed and the appellant cross-appealed on the issue of liability and failure by the trial court to award damages for loss of future earnings.
2. Upon hearing the appeal, the High Court Maraga, J. (as he then was) allowed the appeal, dismissed the cross-appeal and apportioned liability at 25% against the minor appellant. The respondent’s liability was increased from 60% to 75%. On general dam…