Alfred Mdeizi t/a Medicare Maternity & Nursing Home v National Hospital Insurance Fund (Civil Appeal 22 of 2017) [2023] KECA 53 (KLR) (3 February 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 53
- Citation
- [2023] KECA 53 (KLR)
- Decided
- 3 February 2023
AI Summary
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TypeCivil AppealPostureAppeal from a judgment of the High CourtCoramW. KARANJA, A.K. MURGOR, S. ole KANTAI
Holding
The appeal is dismissed with costs to the respondent as the appellant failed to prove his case to the required standard.
Facts
The appellant, Alfred Mdeizi, was accredited by the respondent, National Hospital Insurance Fund (NHIF), to receive reimbursements for medical and boarding services provided to members of the Fund. In 2003, NHIF suspended the appellant's accreditation and refused to reimburse outstanding claims. The appellant claimed Kshs 3,895,513 in unpaid claims.
Issues
- Whether the appellant's claims for unpaid claims were substantiated
- Whether the respondent shifted the burden of proof to the appellant
Reasoning
The court found that the appellant's claims were unsubstantiated and that the respondent had paid genuine claims and rejected others, shifting the burden of proof to the appellant.
Outcome
Appeal dismissed
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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