JUDGMENT
This is a second appeal. The genesis of this appeal can be traced to Mombasa CMCC No. 346 of 2012 when the respondent filed suit against the appellant vide an amended plaint dated 9th October 2012. Prior to filing the amended plaint, the respondent had successfully made an application to enjoin one Jama Mohammed (2nd defendant) as a defendant in the suit.
The respondent alleged that on or about 10th May 2009, while the respondent was employed as a turn boy in the appellant’s motor vehicle registration number KAY 054Q/ZC 3968, a Scania semi-trailer, the vehicle was negligently and carelessly driven by the appellant’s duly authorized driver that he lost control and the motor vehicle crashed and overturned, as a consequence of which the respondent suffered severe injuries. The respondent prayed for the defendants to be held liable for the accident and the injuries and therefore prayed for judgment against the defendants for special damages of Kshs.1,500/=; general damages; costs a…