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…That assumption, on the evidence adduced before me, is not correct because D.W.1 who was in charge of the Ferry at the time of the alleged accident strenuously denied in his evidence that the Ferry was involved in any accident…

…This must be so due to the nature of the evidence I received, particularly that of D.W.1. Mrs.…

…The plaintiff in his evidence told the court that he was thirty years old and carried on the business of dealing in second hand tyres. He had two shops one in Mwembe Tayari and the other in Jomo Kenyatta Avenue.…

…That concludes the evidence for the plaintiff. The defence offered no evidence. The court therefore now proceeds to assess general and special damages. First the special damages.…

…The plaintiff in his evidence told the court that he was thirty years old and carried on the business of dealing in second hand tyres. He had two shops one in Mwembe Tayari and the other in Jomo Kenyatta Avenue.…

…That concludes the evidence for the plaintiff. The defence offered no evidence. The court therefore now proceeds to assess general and special damages. First the special damages.…

…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…

…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…