David Silverstein v Beatrice Muturi [2015] KEHC 6914 (KLR)

Facts

The appellant, David Silverstein, claimed KShs. 600,000 from the respondent, Beatrice Muturi, for professional fees for testifying in a succession cause regarding her father's mental capacity.

Issues

1. Whether the learned magistrate erred in holding that the plaintiff's claim was for loss of income.
2. Whether the learned magistrate erred in holding that the plaintiff should have pleaded loss of income.
3. Whether the learned magistrate erred in holding that the plaintiff's claim was for special damages.
4. Whether the learned magistrate erred in holding that the plaintiff failed to prove his claim for professional fees for KShs. 600,000.
5. Whether the learned magistrate erred in holding that the plaintiff did not produce any evidence to show that he did not attend court gratuitously.
6. Whether the learned magistrate erred in failing to hold that there was a valid contract between the plaintiff and the defendant with an implied term that a reasonable remuneration would be paid.
7. Whether the learned magistrate erred in holding that the plaintiff was bound by the fees guidelines issued by the Medical Practitioners and Dentist Board.
8. Whether the learned magistrate erred in failing to hold that the fees guidelines have no force of law.
9. Whether the learned magistrate erred in holding that the plaintiff ought to have entered into a written contract with the defendant in order to contract outside of the provisions of the fees guidelines.
10. Whether the learned magistrate erred in holding that the plaintiff was entitled to only KShs. 40,000.
11. Whether the learned magistrate erred in holding that the plaintiff should bear the costs of the suit.

Reasoning

The learned magistrate's decision was upheld on all grounds.

Outcome

Appeal dismissed.