JUDGMENT OF THE COURT
This is an appeal against the judgment of the superior court (Ang’awa, J.) awarding special damages of Shs.832,816.35 in favour of the respondent against the appellant being the cost of repairs of the respondent’s bus which collided with the appellant’s lorry/trailer along Nakuru/Eldoret road.
On 24th May, 1999, Akamba Public Road Services Ltd. (Akamba) the respondent filed Civil Suit Nairobi H.C.C.C. No. 1092 of 1999 against Motrex Ltd. (Motrex). Akamba averred in the plaint, inter alia, that on 21st November, 1997 along Nakuru/Eldoret road Motrex’s driver negligently drove, managed Motrex’s lorry/trailer Registration No. KAJ 330G – 2B 6669 causing it to violently collide with Akamba’s bus Registration No. KAN 043G thereby causing extensive damages to the bus. The particulars of negligence pleaded included stopping/parking the lorry on the road, failure to give any warning to other motorists and
“blocking the left lane of the road immediately after a bend thereby …