DAVID ONCHANGU ORIOKI (SUING AS PERSONAL REPRESENTATIVE OF ANTHONY NYABONDO ONCHANGU (DECEASED)
V.
ISMAEL NYASIMI & CHARLES MICHIEKA NYOUNGO

JUDGMENT OF THE COURT

1. The appellant filed suit against the respondents before the Chief Magistrates Court in his capacity as the personal representative of the estate of Anthony Nyabando Onchongu (deceased).

2. At all material times, the 1^st respondent was the registered owner of motor vehicle Registration No. KAY 718 S make Toyota Hiace Matatu and the 2^nd respondent was the driver of the said vehicle.

3. On or about 31^st May 2012, the deceased was lawfully travelling along Ahero-Katito road when near Ayweyo area, the 2^nd respondent as the driver/servant of the 1^st respondent, negligently drove the said motor vehicle causing it to collide with motor vehicle registration No. KBA 553 T as a result of which the deceased sustained fatal injuries and lost his life.

4. By a plaint dated 15^th March 2015, the appellant filed suit against the respondents claiming general and special damages against the respondents. The appellant claimed damages for pain and suffering as well as loss of future e…