Njimia Pharmaceuticals Ltd v South B Hospital & another [2021] KEHC 3266 (KLR)
- Court
- High Court of Kenya
- Case number
- 3266
- Citation
- [2021] KEHC 3266 (KLR)
- Decided
- 8 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from judgment of Hon. L. W. Kaberia, learned Senior Resident MagistrateCoramJ. K. SERGON
Holding
The appeal is dismissed with costs awarded to the 1st respondent.
Facts
Njimia Pharmaceuticals Ltd filed an action against South B Hospital Ltd for unpaid pharmaceutical products. The 2nd and 3rd respondents (Mediheal South B Hospital and Mediheal Group Ltd) were later enjoined as third parties to the suit.
Issues
- whether the trial magistrate erred in failing to find in favor of the appellant
- whether the trial magistrate misapprehended the law in concluding that liability could not attach on the 2nd and 3rd respondents who had been properly enjoined
Reasoning
The court found that the appellant could not claim the amount from the 2nd and 3rd respondents through these proceedings as they were brought to the proceedings as third parties by the 1st respondent to indemnify it.
Outcome
Appeal dismissed
Orders
- Costs awarded to the 1st respondent
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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