A K H S t/a A K U H v A A A [2019] KECA 940 (KLR)
- Court
- Court of Appeal
- Case number
- 940
- Citation
- [2019] KECA 940 (KLR)
- Decided
- 22 February 2019
AI Summary
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TypecivilPostureAppeal from a High Court judgmentCoramD. K. MUSINGA, K. M’INOTI, K. MURGOR
Holding
The award of Kshs 4,300,000 for costs of raising the respondent's baby was not justified. The award for pain and suffering was upheld.
Facts
The respondent sought medical advice from the appellant regarding contraception. The appellant recommended an implant (Implanon) which the respondent believed was inserted. The respondent became pregnant three years after the implantation, and the implant was later found not to be present.
Issues
- Medical negligence claim
- Award of costs and damages
Reasoning
The court found the appellant's conduct in misleading the respondent about the implantation was deplorable, but the costs award was not justified due to the circumstances.
Outcome
The award for costs of raising the baby was reduced, and each party was ordered to bear their own costs.
Orders
- Award of Kshs 4,300,000 for costs of raising the respondent's baby was reduced to Kshs 0
Remedies
- Each party to bear their own costs
Authorities cited
Cases cited (1)
- Wisconsin v. Dical Protective Co. 64 Wis. 2d 514 (1974)
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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