JUDGMENT OF THE COURT
Agnes Ncheche, the respondent in this appeal (hereinafter called “the plaintiff’) sued Thuranira Karauri, the appellant, (hereinafter called “the defendant) in the superior court, seeking to recover damages for personal injuries she claimed to have suffered in an accident on 6th November, 1988, involving a motor vehicle, an Isuzu lorry, KWT 840, which she said was owned by the defendant. According to her plaint dated 3rd November, 1994, and filed in court on 24th November, 1994,the plaintiff averred that she was travelling on the vehicle as a passenger along Embu-Kiritiri road when the accident happened. She said it was being driven negligently by the defendant’s driver and she gave the pro forma particulars of negligence. As a result of the accident she said she sustained a fracture of the left leg, deforming and scar on the medial aspect. She claimed special and general damages.
The defendant filed a defence on 31st August, 1995, in which he denied, owning the ve…