JUDGEMENT OF THE COURT
This is a second appeal. The appellant Joel Muga Opija was the respondent in the first appellate court – Civil Appeal No. 175 of 2004 at the High Court of Kenya at Kisii and was the plaintiff in the Senior Resident Magistrate's Court at Homa Bay – Civil case No. 15 of 2003. He sued the respondent East African Sea Food Limited vide a plaint dated 18th November, 2002 and filed on 28th February, 2003, in which he claimed that he was suing as an Administrator of the estate of Evans Odhiambo Muga (deceased) who, he said was his son and who died in a road accident that took place along Kendu Bay/Pala road. In this appeal, the appellant raised eight grounds of appeal, but at the hearing of the appeal, Mr. G.S. Okoth, his learned counsel, abandoned the second ground preferring to argue grounds 1,3,4,5,6, 7 and 8 which were that:-
“1. The learned Judge of the Superior Court misdirected herself on several matters of law of procedure practice and evidence.`
2. .............…