JUDGMENT OF THE COURT
Background
[1] This is an appeal by Doinyo Lessos Creameries Ltd (the appellant) against the Judgment of the High Court (J. R. Karanja, J.) who found in favour of Elizabeth Angira Chaka, (the respondent) (Suing as Personal Representative of the Estate of ALICE KHAKOBI OTIATO). The learned Judge ordered the appellant to pay the respondent the sum of Kshs.1,435,000/= as damages for loss of expectation of life, pain and suffering lost years and funeral expenses together with costs and interest.
[2] The brief background of the appeal as can be gleaned from the amended plaint filed on 10th December, 2004 is that on 22nd November, 2001 at about 7:30 a.m, Alice Khakobi Otiato (the deceased), was cycling along Kisawai - Kitale road; that as she approached the Wildlife Offices at Kitale, along the same road, motor vehicle registration number KXD 362 Nissan Lorry, registered in the appellant’s name which was being negligently, recklessly and carelessly driven by the appellant…