A L N v Aga Khan Health Service [2015] KECA 392 (KLR)
- Court
- Court of Appeal
- Case number
- 392
- Citation
- [2015] KECA 392 (KLR)
- Decided
- 25 September 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file Notice and record of appeal out of timeCoramM. KOOME, J. W. MWERA, P. M. MWILU
Holding
The court dismisses the notice of motion dated 3rd September 2013 with costs to the respondent
Facts
The applicant, an employee of the United Nations (UN) in Nairobi, visited the respondent hospital for medical services. The respondent sent a letter stating the applicant and his family did not visit the hospital on 13th August 1996 for services, using the same invoices twice to procure hepatitis injections. The UN dismissed the applicant, and he sued the respondent for breach of the doctor-patient relationship.
Issues
- Whether the applicant can extend the time to file a notice of appeal and record of appeal out of time
- Whether the single judge erred in declining to grant leave to initiate the appeal
Reasoning
The court exercised its discretion to dismiss the application to extend the time, considering the length of delay, the reasons for it, and the prejudice to the respondent.
Outcome
Dismissed
Orders
- The notice of motion dated 3rd September 2013 is dismissed with costs to the respondent
Authorities cited
Cases cited (2)
- Shah vs Southern Credit Banking Corporation Ltd [2008] KLR 173
- Mwangi Vs Kenya Airways Ltd [2003] KLR 486
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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