JUDGMENT OF THE COURT
The respondent, Elias Okinyi Ofire, was injured as a result of a traffic accident on 2nd June, 1988. The accident occurred on Kilgoris/Kisii Road. The respondent filed a suit against the owner (James Nyangechi) and the driver of the vehicle involved in the accident, which vehicle is described in the judgment of the superior court (Aganyanya, J.) as a "Matatu pick-up" registration number KYB 408. No other vehicle was involved in the said accident. The learned judge entered judgment for the respondent against the owner and driver of motor vehicle KYB 408, (hereinafter called "the vehicle") in the sum of Shs.212,955/= plus costs and interest.
The respondent then filed a suit being Civil Suit No. 1163 of 1993 in the Senior Principal Magistrate's Court at Eldoret, against the insurers of James Nyangechi seeking the following reliefs:
"(a)A declaration in the terms of paragraph 6 above and an order that the Defendant do pay the sum of Shs. 212,955/= with interest and cost…