JUDGMENT OF THE COURT
This is a second appeal arising from the judgment of the High Court, M.A. Ang’awa, J, (as she then was), dated the 11th day of February, 2011, allowing the respondent’s appeal against the Judgment of the trial court in favour of the appellant in Kericho PMCC, No. 617 of 2002, dated 24th July, 2006.
The brief background to the appeal is that the appellant sued the respondents following a road traffic accident which occurred on 18th April, 2002 at Muhoroni junction on the Kericho/Kisumu road, involving the appellant and motor vehicle registration number KAE 621 Y / ZB 888, (the accident vehicle). The 1st respondent was sued as the registered owner of the accident vehicle, while the 2nd respondent was its authorized driver. The appellant attributed the accident to the 2nd respondents’ negligent manner of driving for which the 1st respondent was vicariously liable. The particulars of negligence attributed to the 2nd respondent were particularized in the plaint. As a re…