JUDGMENT OF THE COURT
[1] This appeal originates from a suit that was filed in the Chief Magistrate’s Court at Kitale, by the respondent herein Agnes Nafula Wakoli, who was suing in her capacity as the administrator of the estate of the late Maurice Werunga Wakoli (deceased). She had sought general and special damages from Chabhadiya Visram, the appellant herein on account of general and special damages under the Fatal Accidents Act and the Law Reform Act, arising from the death of the deceased as a result of a road traffic accident caused by the negligence and or breach of statutory duty on the part of the appellant and or his driver in the management and control of motor vehicle KAR 043Y.
[2] The appellant filed a defence in which he specifically denied owning the motor vehicle or that it was involved in an accident, and in the alternative pleaded that if there was an accident then the same was caused by the negligence of the deceased. During the hearing of the suit, the respondent ca…