JUDGMENT OF THE COURT
This is an appeal by the appellant, Mark Khan Transporters (K) Ltd. from the judgment of the superior court at Bungoma (Mbito, J.) dated 11th March, 2002. The said judgment arose from an appeal filed in the superior court against a judgment of the Senior Principal Magistrate dated 4th January, 1999.
The case for the respondent, Peter Mbugua, according to the pleadings filed in the trial court was that on 30th April, 1986, the respondent’s vehicle, a matatu, was involved in an accident with appellant’s tractor due to the negligence on the part of the appellant’s driver. After the hearing, the trial court gave judgment against the appellant company on liability and proceeded to award Kshs.75,000/= as special damages in respect of spares bought by the respondent together with loss of income of Kshs.5,000/= per day for a period of 37 days, the period the respondent’s vehicle was undergoing repairs. The total amount in respect of loss of use was Kshs.185,000/=.
In the su…