JUDGMENT
Simpson Ag JA On July 13, 1975, at about 8.30 am the respondent in this appeal driving his Mercedes Benz Motor car registration number KLT 335 from Nakuru towards Nairobi was involved in an accident with a car registration number KMM 641 travelling in the opposite direction. The respondent was seriously injured. Alleging negligence on the part of the driver of the peugeot, the respondent sued him (as second defendant) and the owner of the peugeot (as first defendant) in the High Court at Nakuru for general and special damage occasioned by such negligence. The learned judge found that the 2nd defendant had been negligent but that the plaintiff/respondent had contributed towards the accident. He assessed this contributory negligence at 10% and awarded the plaintiff general damages amounting to Kshs 198,000 being 90% of Kshs 220,000. He ordered the defendants to pay special damages amounting to Kshs 5,000 and 90% of the costs of the suit with interest thereon at court rates.
The d…