JUDGMENT OF THE COURT
The original action was commenced through a plaint filed by the appellant v. O W (Minor) suing through his Uncle and Next Friend E O W filed at the Chief Magistrates’ Court at Nairobi against the respondent Private Safaris (E.A.) Limited. It was alleged that on the 11th February, 2006 the appellant was riding a bicycle along Ngong Road near Dagoreti Corner when the respondent’s driver drove motor vehicle registration mark KAM 515T with negligence as a result of which an accident occurred and the appellant was injured. Various particulars of negligence were set out and it was prayed that the appellant be awarded general and special damages.
The respondent filed a defence to the claim where the entire claim was denied. It was alleged in the defence that the accident occurred as a result of the negligence of the appellant’s uncle and next friend. Particulars of negligence by uncle and next friend were set out in the defence.
The suit was heard by W.E. Mokaya, Senior Re…