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Judgment.
Busan Munyambu, a security officer at Kenya Breweries Limited at Ruaraka, sued the administrator, as chief executive, of H.H. The Aga Khan’s Platinum Jubilee Hospital for Kshs. 40,674.00 special damages, general damages, costs and interest in his plaint of March 27, 1979.
He alleged members of the hospital staff so negligently and unskilfully treated him while he was under care from October 12, 1975 to March 31, 1976 (five and a half months ) that his condition was aggravated by them to such an extent that he had been under constant medical treatment ever since and that he has never fully recovered against the hospital’s Consultants, doctors and physiotherapists.
The administrator’s written statement of defence of August 8, 1979 was a denial of Munyambu’s allegations of negligence and claims for loss of damage and, in the alternative, a plea that his condition and disability were inevitable and unavoidable taking into account his injuries and his condition when he was admitted …