STANLEY GICHERU NJOGO
V.
KIJARA JOSEPH KAGU & ANOTHER

JUDGMENT OF THE COURT

This is a second appeal arising from the judgment of Sergon, J. dated 22^nd July, 2016 in which the learned Judge upheld the finding made by the trial court on liability but reduced the award of general damages.

A brief background to this appeal is that STANLEY GICHERU NJOGO, the appellant herein (the then plaintiff) filed a plaint dated 29^th November, 2010. In the plaint, the appellant averred that on or about 25^th June, 2010, the 1^st respondent whilst acting for the 2^nd defendant drove motor vehicle registration No. KAJ 161 J. negligently, thereby causing an accident, the result of which he sustained injuries. He sought general damages for pain and suffering and loss of amenities; future medical costs and special damages of Ksh.34,900/-.

The respondents, KIJARA JOSEPH KAGU and ELIZABETH KIHANDA, (the then 1^st and 2^nd defendants respectively) filed a joint statement of defence dated 24^th February, 2011. In their statement of defence, the respondents denied that the …