JUDGMENT OF THE COURT
[1] This is a second appeal arising from a suit originally filed by Charles Ogolla Obiero (herein the appellant), in the Chief Magistrate’s Court at Nairobi. The appellant had sued Joseph Munyambu Karega (herein the respondent) seeking general and special damages for personal injuries suffered by him, and special damages of Kshs.132,600/= for damage to his motor vehicle. The appellant contended that the damages arose as a result of an accident involving his motor vehicle and that of the respondent, which accident was caused by the negligence of the respondent. The respondent denied the appellant’s claim and filed an amended defence and counter-claim in which he maintained that the accident was caused solely by the negligence of the appellant. The respondent also similarly counterclaimed special and general damages for personal injuries and special damages of Kshs.344,064/= for damage to his motor vehicle.
[2] The suit was tried by a senior principal magistrate who …