The appellate court found that the trial magistrate erred in dismissing the appellant's suit, as the respondent admitted to hitting the deceased and did not sufficiently rebut the claim of negligence. The court held that both the appellant and respondent should share liability equally, given the circumstances of the accident and the lack of evidence that the deceased took precautions when crossing the road at night. The court also held that the trial magistrate should have assessed damages even after dismissing the suit. Applying the relevant legal principles, the court assessed damages for pain and suffering, loss of expectation of life, loss of dependency, and special damages, adopting a monthly income of Kshs. 15,000, a dependency ratio of 1/3, and a multiplier of 30 years. The total award was apportioned 50% to each party, resulting in a net sum of Kshs. 998,545 to the appellant. The appeal was allowed, the lower court's judgment set aside, and judgment entered for the appellant with costs.