July 25, 1991, the following Judgment of the Court was delivered.
The appellant, Kenya Breweries Limited, was the defendant in a suit instituted in the High Court by Ali Kahindi Saro, the respondent herein. The respondent’s six year old son Said Ali Kahindi, the deceased, was on the 29th August 1986 hit and killed by vehicle registration No KSY 823 owned by the appellant. The vehicle, was, at the time of the accident, being driven by Philip Mutuku Nyanzi (DW 1), an employee of the appellant. The learned trial judge found that the accident was caused by the negligence of DW 1 and there is no appeal against liability. The respondent had brought the suit under and in accordance with the provisions of the Fatal Accidents Act. The learned trial judge awarded to the respondent damages in the sum of shs 100,000/- and the appellant appeals against that award.
There are only two grounds of appeal, namely:-
1. The learned judge erred in holding that the plaintiff/ respondent was entitled to claim …