JUDGMENT OF THE COURT
This is an appeal by the defendants against the judgment and decree of the High Court of Kenya at Embu (Etyang J) given on 30th June, 1998 whereby the learned Judge awarded to the plaintiff a total sum of Shs. 3,266,774/= in respect of damages made up as follows:
i) Shs.950,000/= for pain, suffering and loss of amenities;
ii) Shs.1,200,000/= for loss of earning (diminished capacity);
and
iii) Shs.1,116,674/= special damages (medical, hospital bills and bills for drugs.
The plaintiff is a well-known Advocate of the High Court of Kenya practising in Nanyuki in the law firm of Messrs Ole Kaparo and Mailanyi. He was admitted to the Roll of Advocates on 9th December, 1988.
At about 8.30 p.m. on 26th October, 1994, the plaintiff was driving his Mercedes Benz saloon motor vehicle registration number KPA 800 along Meru-Nanyuki road when at a distance of about 600 metres from Timau Police Station he saw headlights of an oncoming motor vehicle which was swinging from side to side…