JUDGMENT OF THE COURT
[1] The appellant who appears in person is aggrieved by the judgment of the High Court (Chemitei, J.) reducing the quantum of damages for lost years.
[2] The appellant is the father to BWW (deceased) a girl who was aged 11⁄2 years when she suffered fatal injuries after she was knocked down by a tractor. The appellant filed a suit in the Chief Magistrate’s Court against the respondent as the owner of the tractor, registration No. KYU 931 Massey Ferguson. He averred in the plaint that the driver of the tractor, who was the agent or servant of the respondent, negligently drove the said tractor along an unmarked road in Kiminini Bungoma; that it caused fatal injuries to the deceased. The appellant claimed special and general damages under the Law Reform Act and Fatal Accidents Act. The respondent filed a defence denying the claim. He attributed the accident to the negligence of the child.
[3] At the trial the appellant gave evidence and called one witness. After that th…