JUDGMENT OF THE COURT
The appellants, the plaintiffs in the suit, filed a suit in the superior court on 7th May, 1996. The first appellant was suing on behalf of herself as the administratrix of the estate of Stanley Ndungu Mungai who died as a result of an accident which occurred on 14th day of May, 1993 along Peponi Road, in Nairobi. The first appellant, the deceased (Stanley) and the second appellant were at the material time passengers in a motor vehicle registration number KQE 149. The accident in question involved this vehicle as well as another one registration number KAA 215 Y. The respondent was at all material times the owner of motor vehicle KAA 215 Y.
The hearing of the suit in the superior court proceeded in a peculiar manner. The original plaint did not contain particulars of injuries suffered by the first plaintiff. The second plaintiff's injuries were set out under the heading "particulars of 2nd Defendant's injuries". There was obviously an erroneous reference to the se…