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Shashi C Patel v. Damayanti Navin Shah & another

(2006) JELR 94961 (CA)

Court of Appeal  •  Civ Appli 236 of 2006  •  10 Nov 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

In a plaint dated 6th October 1999 and filed into the court on the same day, the respondents in this Notice of Motion Damayanti Navin Shah and Navin R. Shah prayed for judgment against the applicant Shashi C. Patel for special damages as particularized in the same plaint; general damages for negligence; general damages for breach of contract; general damages for breach of warranty, costs of the suit and interest on all the damages sought at court rates. The same judgment was sought on grounds that on or about 21st April 1998, the applicant negligently performed surgery upon the first respondent to remove two solid nodules in her pelvic region such that some masses which the applicant alleged he had removed during the operation were not removed and a second operation in India became necessary at an increased and an unexpected expenditure. All this, the respondents alleged, were despite undertaking by the applicant that he would meet the professional standards require…

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