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Jones M. Musau & Magdalene Wayua Mavyuva v. Kenya Hospital Association & Peter Mungai Ngugi

(2017) JELR 100751 (CA)

Court of Appeal  •  Civil Appeal 42 of 2016  •  24 Nov 2017  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. In this appeal, the appellants have challenged a ruling of the High Court (Aburili, J) delivered on 10th December 2014 striking out their suit on the grounds that the same was filed outside the limitation period prescribed under Section 4(2) of the Limitation of Actions Act, Chapter 22 of the Laws of Kenya.

Background

2. On 26th August 2008, Benjamin Mavyuva Mwangangi, deceased, left his residence in Kayole, Nairobi, to seek treatment at Nairobi Hospital for a urination problem he was experiencing. He was admitted to the hospital and was scheduled for surgery to be performed by the second respondent, a medical surgeon, on 27th August 2008. The surgery did not go as well as had been anticipated. According to the appellants, the second respondent punctured the deceased’s rectum in the course of the surgery, leading to a bacterial infection. To correct the “mishap”, the second respondent performed a second surgery at the same hospital on 28th August 2008. Apparently…

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