JUDGMENT OF THE COURT
1. This is a first appeal from the judgment of the High Court (Karanja, J.) arising from a road traffic accident that occurred on 7th March, 2002. The accident occurred along Kitale - Kiminini Road at a place known as Kiungami.
2. The accident involved three motor vehicles. The first one, registration number KAJ 298 K, a Toyota Corolla, was being driven by the respondent while the second one, registration number KWR 016, a lorry, was being driven by the appellant. The third motor vehicle, registration number KXR 965, a lorry, was owned by Holman Brothers (E.A) Ltd, who was a third party in the High Court proceedings.
3. Following the occurrence of the accident, the appellant was arraigned before the Senior Resident Magistrate’s Court, Kitale, in SRMCC (Traffic Case) No. 2607 of 2002 on a charge of causing death by dangerous driving. The appellant was acquitted of the said charge.
4. In the High Court matter, the respondent filed suit against the appellant, alleging t…