JUDGMENT OF THE COURT
This appeal raises primarily the issue of award of special damages claimed by and awarded by the learned judge in the superior court. Those special damages were claimed under the legend “loss of profit per day Ksh. 4500/= with effect from 27.10.1992 until payment in full”.
The learned judge accepted the evidence of Elias Muroki, the respondent, (hereinafter referred to as “the plaintiff”) to the effect that his one “matatu’ was bringing in to him daily profits of Kshs.4500/=.
The relevant facts are that on or about the 1st day of October, 1992 the plaintiff delivered his ‘matatu’ registration number KAA 170R (a 26 seater omnibus -hereinafter referred to as ‘the matatu’ to Ryce Motors Limited, the first appellant, for carrying out a service.
On or about the 27th day of October, 1992 the matatu whilst under the control of Ryce Motors Limited and whilst being test-driven by an employee of Ryce Motors Limited was involved in an accident with a motor vehicle registration …