JUDGMENT
At all times material to this suit, Wilson Osoro (the respondent ) owned a motor vehicle registration number KUQ 442 a Peugeot 304 station wagon. He insured that vehicle comprehensively with Delta Insurance Co Ltd. In June 1987 the respondent was involved in an accident at Maseno in which he was seriously injured and the vehicle was extensively damaged. The respondent made a report of the accident to his insurers and made a claim to cover the necessary repairs.
When the respondent came out of hospital he, at the direction of his insurers, took the vehicle to Marshalls (EA) Ltd (the appellant) at their Eldoret Workshops for repairs. The insurers instructed a Mr McNaughton, an assessor, to inspect the vehicle, obtain an estimate of the cost of repairs and if satisfied with it to authorize the appellant to carry out the repairs. In due course the assessor authorized and the repairs were carried out upon the respondent paying a sum of Shs 2500/- being the mandatory excess under his…