JUDGMENT OF THE COURT
[1] This is a second appeal from the judgment of the High Court in which the High Court partially allowed an appeal that was lodged by Tahir Sheikh Transporters Limited and Awadh Ghalib (who are now the 1st and 2nd respondents). The suit originated from the Chief Magistrate’s Court at Eldoret.
[2] Joseph Gichuki Waweru (who is now the appellant) was the plaintiff in the trial court. He had sued the respondents for special and general damages arising out of a road traffic accident involving the appellant’s truck, registration No. KAU 854G, and a motor vehicle KBN 806N, which accident was alleged to have been caused by the negligence of the 2nd respondent, a driver or agent of the 1st respondent. The trial magistrate gave judgment in favour of the appellant including Kshs.1,607,600/= as cost of repairs and Kshs2,500,000/= as loss of user.
[3] Being aggrieved by the judgment of the trial court, the appellant lodged an appeal in the High Court in which he challenged the…