JUDGMENT OF THE COURT
This is a second appeal. The respondent, who was the plaintiff in the Resident Magistrate’s Court and the respondent in the Superior Court, James Mumo Nzioki (to whom we shall refer as the “respondent”) sued the appellant, CMC Holdings Ltd, (to which Company we shall refer as the appellant) by way of a plaint dated 9th September 1988. In that plaint, the respondent claimed special damages at KShs 40,000/=, being the value of the subject motor vehicle; such other special damages as would be determined by Court under paragraph 6(b) of the same plaint; general damages; interest on the same special damages; such other damages and general damages plus costs of the suit. Such other damages according to paragraph 6(b) referred to loss of profits at KShs 24,000/= per month for a period that the Court would determine. The allegations giving rise to these claims as can be discerned from the plaint were that the respondent was at all material times the owner of a motor vehic…