JUDGMENT OF THE COURT
The only question in this appeal is whether or not the learned Judge of the superior court (Kuloba, J.) exercised his discretion judicially in refusing to set aside an order of Angawa, J. dismissing the plaintiff's/appellant's entire case against the defendant/respondent.
The facts of the case briefly stated are that on 27th October, 1992 the appellant was travelling as a fare paying passenger in vehicle registration number KAC 375H belonging to the 2nd respondent. The vehicle was being driven by an authorised driver who so negligently drove the same that it collided with vehicle registration number KXD 781 belonging to the 1st respondent. It was the appellant's case that both drivers were equally to blame for the collision of the two vehicles. Consequent to the accident, the appellant suffered serious injuries namely: fracture of the radius/ulna, fracture and dislocation of both right and left neck of femur, soft tissue injury with loosening of teeth and a head in…