JUDGMENT
On March 14, 1979 at about 2.30 pm along Nairobi Kiambu Road, an accident occurred between two vehicles, one vehicle registration No KPV 595 was owned and driven by the deceased, Fredrick Nelson Kabena. The other vehicle, registration number KRJ 402 was owned by the first defendant and driven by the second defendant who are appellants in this appeal. The deceased died in hospital on March 19, 1979. The deceased had just retired from his employment with the then East African Power and Lighting Co Ltd. The respondent (the widow) filed an action in the High Court under the Fatal Accidents Act claiming damages for herself and the children. The High Court awarded to her the sum of Kshs 719,928 as general damages. The appellants have appealed to this court against the said award.
The appellants had filed four grounds of appeal one of which had three sub-grounds. At the conclusion of the appellants’ argument, they were reduced to three grounds namely,
(1) The learned trial judge failed…