JUDGMENT OF THE COURT
The present appeal from the judgment of Ang'awa J raises certain issues which we very much regret to observe, tarnish the judicial reputation of the learned Judge.
We ought to now set out the background to this appeal. The Appellants were injured in a motor accident which was undeniably caused by the negligence of the Respondent. The matter was set down for hearing for two days namely, 18th and 19th May, 1999. On 18th May, 1999, when the matter came before the learned Judge, counsel for the Appellants said that since the parties had not agreed on the documents, including medical reports, to be produced in evidence, the evidence of the Appellants be first heard that day, and the matter adjourned to the next day to enable the authors of the documents to be called to give evidence. Whilst counsel for the Respondent conceded that there had been disagreement as to the documents to be produced in evidence, she, however, objected to the application for adjournment on the …