JUDGMENT OF THE COURT
Although the memorandum of appeal lists five grounds, in our view only one broad question falls for our determination, that of proof of ownership of motor vehicle registration number KAN 507 Q. That was the sole ground argued before us.
This in summary is how this question arose in the two courts below, this being a second appeal. By a plaint initially filed in the Chief Magistrate’s Court at Malindi in Civil Suit No.235 of 2007 and subsequently amended and filed on 8th August, 2008 the appellant who had been involved and injured in a road traffic accident with the aforesaid motor vehicle on 1st December, 2005 instituted an action against the defendants, Said Mbwana Abdi (the only respondent in this appeal) and Caroline Nyambura Mwenje,(not a party in the appeal) claiming that the former was the insured and/or beneficial owner of the vehicle and the latter its registered owner; that the motor vehicle was so recklessly driven by the defendants’ authorized driver, se…