JUDGMENT
June 25, 1985, Nyarangi JA delivered the following Judgment.
The appellant, John Fanuel Awiti Ogol, who was employed in the Medical Department as a Clinical Officer at Siaya, sued the respondent and claimed, by his plaint, that on or about December 2, 1977 at about 12.20 pm in Nairobi he was crossing Haile Selassie Avenue close to a roundabout when the respondent so negligently drove, controlled or managed his vehicle registration mark KQD 967, that it hit and knocked down the appellant, as a result of which he broke two bones of his right leg.
Explaining the incident, the appellant said he was going to the railway headquarters on Haile Selassie Avenue and had crossed a pedestrian crossing when all of a sudden a vehicle registration mark KQD 967 which he did not see (he observed the registration mark after he regained consciousness) struck him. He was admitted at the Kenyatta National Hospital for eight days and then transferred to the Nyanza General Hospital on December 10, 197…