JUDGMENT OF THE COURT
The appellant was the plaintiff in CMCC No. 125 of 2006 where he had sued the respondent following an accident that occurred on 23rd April, 2005. In the plaint, the appellant averred that he was travelling as a pillion passenger along Otieno-Oyoo road in Kisumu when he was hit by motor vehicle registration number KAR 665 H (“the motor vehicle”) which he alleged was owned by the respondent.
The appellant contended that the accident was caused by the negligence of the respondent’s driverand he set the particulars of negligence. As a result of the said accident, the appellant suffered serious body injuries.
The appellant prayed for general and special damages.
The respondent filed a statement of defence and denied, inter alia, the occurrence of the alleged accident, ownership of the motor vehicle and that the appellant had sustained any injuries as alleged. In the alternative, the respondent pleaded that if the said accident did occur; the same was occasioned by the app…