KULSUM ALIBHAI & ANOTHER
V.
G M O (MINOR SUING THROUGH HIS FATHER AND NEXT FRIEND F E O)

JUDGMENT OF THE COURT

This is an appeal against the Judgment of the High Court (D.K. Maraga, J.) (as he then was) whereby the learned trial Judge found the appellants liable for negligence to the extent of 70% and awarded the respondent against the appellants Shs.3,070,203/50 being the net general and special damages.

The respondent was at the material time a school boy in class six aged 13 years. On 19^th October, 2007, he sued the appellant through his father as the next friend to recover damages for injuries sustained in a road traffic accident allegedly due to negligence of the defendant.

He averred in paragraph 4 of the plaint that on or about 11^th July, 2002 at about 1 p.m. along Ronald Ngala road near High Life bar the plaintiff was standing on the pavement when the 2^nd defendant so dangerously and negligently drove, managed, propelled and controlled motor vehicle registration No. KAQ 244M as to cause the same to lose control and hit the plaintiff, knocking him down thereby causing…