AGA KHAN HEALTH SERVICE v AINEAH LIKUYANI NJIRAH [2008] KEHC 2236 (KLR)
- Court
- High Court of Kenya
- Case number
- 2236
- Citation
- [2008] KEHC 2236 (KLR)
- Decided
- 22 July 2008
The Plaintiff’s claim does not disclose a reasonable cause of action, and the Defendant’s application to strike out the plaint was not properly considered by the Subordinate Court.
Facts
The Respondent/Plaintiff, Aineah Likuyani Njirah, was an employee of the United Nations, Nairobi, who visited the Defendant/Respondent, Aga Khan Health Service, on 17/8/96 and 10/8/96 for medical attention. The Defendant wrote a letter falsely stating that the Plaintiff and his family did not visit the Defendant’s dental clinic on 13/8/96, leading to the Plaintiff’s employer terminating his employment.
Issues
- Whether the Plaintiff’s claim in the plaint discloses a reasonable cause of action
- Whether the Plaintiff visited the Defendant’s hospital on 13/8/96
Reasoning
The court found that the Plaintiff was not a party to the medical scheme and thus could not claim against the Defendant. The Plaintiff’s own admission in the plaint that he did not visit the Defendant’s hospital on 13/8/96 was sufficient to dismiss the claim.
Outcome
Appeal successful, Ruling and order of the Resident Magistrate reversed, Plaintiff’s chamber summons allowed with costs to the Plaintiff.
Orders
- Ruling and order of the Resident Magistrate reversed
- Plaintiff’s chamber summons allowed with costs in favor of the Plaintiff
Remedies
- Reversal of the Ruling and order of the Resident Magistrate
- Allowance of the Plaintiff’s chamber summons with costs
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