JUDGMENT OF THE COURT
On 1st April, 2000, the records that were produced before the trial court in this appeal, namely the motor vehicle log book, the details of registered ownership held by the Kenya Reveneue Authority and evidence given by the only witness that was called for the defendants in the High Court Civil Case No. 122 of 2002, showed that the appellant Nelson Yabesh Bichanga and CFC Bank were the registered owners of the motor vehicle registration number KAH 891 and although their defence witness Reuben Nyabena, transport manager with Kisii Broadways Limited, the second defendant, now second respondent in this appeal, stated in evidence that the appellant sold the same motor vehicle to the second respondent in the month of February, 2000, and the vehicle was transferred to the second respondent immediately, the records held at the Kenya Revenue office were not affected by that alleged action until after April, 2000.
As that vehicle was travelling along Keroka – Kisii road, on…