Sylvester Musyoki Kisonzo & another (Suing as administrators and personal representatives of the Estate of Nina Ngina Kisonzo, Deceased) v Donald Oyatsi & another [2018] KEHC 6954 (KLR)
- Court
- High Court of Kenya
- Case number
- 6954
- Citation
- [2018] KEHC 6954 (KLR)
The court awards a total of Ksh.4,350,000/- in damages, including pain and suffering, loss of expectation of life, and loss of dependency, and orders interest on the award from the date of judgment until full payment.
Facts
The plaintiffs, S M K and B W W, filed a compensatory suit as administrators and personal representatives of the estate of N N K, deceased, alleging that Dr. Donald Oyatsi and the Aga Khan University Hospital misdiagnosed and negligently handled the ailments of their deceased daughter.
Issues
- Negligence of the defendants in diagnosing and handling the deceased's condition
- Quantum of damages to be awarded
Reasoning
The court found that the defendants were negligent in diagnosing and handling the deceased's condition, leading to her death. The court awarded damages based on the plaintiffs' claims and the evidence presented.
Outcome
In favour of the plaintiffs
Orders
- Pain and suffering Ksh.200,000/=
- Loss of expectation of life Ksh.150,000/=
- Loss of dependency Ksh.4,000,000/=
- Interest on the award from the date of judgment until full payment
Remedies
- Costs of the suit
Authorities cited
Legislation (2)
- Law Reform Act
- Fatal Accidents Act
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