JUDGMENT OF THE COURT
On 13th June 1987, the respondent, THOMAS MARTIN KIBISU and his wife, TABITHA MUSEMBE KIBISU (the deceased), were travelling as fare paying passengers in a bus driven by the 1st Appellant, JAMES MUKOLO ELISHA and belonging to 2nd Appellant, EAST AFRICAN ROAD SERVICES LTD (the appellants). Tabitha sustained grave injuries from which she succumbed, and her husband filed suit in the High Court, by way of a plaint dated 12th June 1990, in which he sought:
a) Special damages in the sum of KShs.107,360.00;
b) Damages under the Fatal Accidents Act for the deceased’s dependants;
c) Costs of the suit; and
d) Interest on the above sums at court rates.
Consent on liability was entered by the parties on 25th January, 1999 whereby it was agreed that liability be apportioned at 90% against the appellants and 10% against the respondent.
The matter proceeded for assessment of damages before Rawal, J. (as she then was). The plaintiff’s case was presented by the respondent. He testified …