JUDGMENT
Musoke Ag VP. The appellant filed a suit in the High Court at Nairobi claiming damages against the two respondents jointly and severally for injuries he sustained in a road accident when he was knocked down by a motor vehicle which was jointly owned by the defendants and was being driven by the first defendant. Neither defendant entered an appearance.
At the hearing of the suit ex parte under Order IXA rule 8 of the Civil Procedure Rules, it was proved that the motor vehicle in question was jointly owned by the defendants and that the first defendant was driving it negligently at the time of the accident. At the close of the plaintiff’s case, Mr O Kapila, who was presenting the case, stated in answer to an enquiry from the bench, that he could not adduce any evidence against the second defendant. In his judgment, the learned trial judge dismissed the suit against the second defendant but found the case against the first defendant proved and ordered him to pay to the plaintiff a…