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Nairobi Women's Hospital v. Purity Kemunto

(2018) JELR 98623 (CA)

Court of Appeal  •  Civil Application 222 of 2018  •  12 Oct 2018  •  Kenya

Coram
William Ouko, Fatuma sichale, Kathurima M'inoti

Judgement

RULING OF THE COURT

On 16th May 2018, the High Court of Kenya at Nairobi (Msagha, J.) entered judgment in favour of the respondent, Purity Kemunto, against the applicant, Nairobi Women’s Hospital in a medical negligence claim. He awarded the respondent a total sum of Kshs 54, 712,078 together with costs and interest at court rates. The applicant was aggrieved by the judgment and filed a notice of appeal against the whole judgment on 23rd May 2018.

Immediately thereafter the applicant applied before the same for stay of execution of the decree pending the hearing and determination of its intended appeal against the judgment. By a ruling dated 18th July 2018, the Court granted the applicant conditional stay of execution of the decree, obliging it, in addition to paying to the respondent a sum of Kshs 10 million covered by its insurance policy, to pay to the respondent half of the decretal sum and to secure the balance by a bank guarantee. The applicant was directed to comply with the said…

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