JUDGMENT OF THE COURT
The Respondent Evans Keraka Mokamba (the respondent) vide a plaint dated the 30th day of May, 2016 filed Nakuru HCCC 98 of 2006 against the appellant Samuel Griffith Kyalo Mutuku (the appellant) averring inter alia that on the 12th day of August, 2003, while he was riding on his motor cycle registration Number KAK 728U along Nakuru – Nairobi road, the appellant so negligently drove his motor vehicle registration number KAG 444P as particularized in the plaint, that he caused the said motor vehicle to collide with the respondents’ motor cycle near Pine Breeze Hospital. As a result of the collision the respondent suffered injuries enumerated in the plaint in respect of which the respondent sought both special and general damages as particularized in the plaint.
The appellant resisted the respondent’s claims vide a defence dated the 29th day of May, 2016 in which he absolved himself of any blame in the causation of the said accident. Instead, he shifted all the blame …