JUDGMENT OF THE COURT
[1]Paul Muthui Mwavu who is now the appellant before us was the plaintiff in the Magistrate’s Court at Kilifi where he had filed a suit against Whitestone (K) Ltd who is now the respondent before us. The appellant’s suit was for general and special damages arising from personal injuries suffered by him as a result of an accident that was allegedly caused by the negligence of the respondent and/or his authorized driver, servant or agent.
[2]The respondent filed a defence in which it denied the occurrence of the accident and the particulars of negligence pleaded against it. The appellant’s suit was heard by a Principal Magistrate who delivered a judgment, in which he found the respondent fully liable for the accident, and assessed a sum of Kshs.350,000/- as general damages and Kshs.2,500/- as special damages.
[3] Being aggrieved, the respondent lodged an appeal in the High Court challenging the judgment of the trial court on several grounds to wit: that the magistrate…