JUDGMENT OF THE COURT
In allowing the respondents' first appeal, the learned superior court judge held that the appellant herein had not proved the second respondent's negligence on a balance of probabilities as he ought to have done nor had he proved, again, on a balance of probabilities the injuries he claimed to have suffered in the accident involving the first respondent's lorry registration No. KAU 097. The fact of the said accident appears in the Accident Registrar of Kilingili Police Station as OB number 15 dated 4th February, 1993, as per the Abstract From Police On A Road Accident dated 22nd March, 1993 and exhibited in the court of first instance and marked Exhibit NO. 1.
In his first plaint in the Principal Magistrate's Court at Kakamega, the appellant had inter alia alleged that the aforementioned accident was wholly caused by the negligence and/or carelessness of the first respondent and/or both the first and second respondents. And in regard to the first respondent the pri…