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Zachary Mumbo Mosoti v Aga Khan University Hospital Nairobi & 2 others [2021] KEHC 6046 (KLR)

[2021] KEHC 6046 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6046
Citation
[2021] KEHC 6046 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal DismissedCoramJ. K. SERGON
Holding

The suit is dismissed with costs to the defendants.

Facts

The plaintiff, Zachary Mumbo Mosoti, was admitted to the Aga Khan University Hospital in Nairobi on 10/1/2011 due to jerky movements, general body stiffness, and back pain. He was diagnosed with anxiety disorder and somatoform disorder by the defendants and treated with medication and therapy. His condition worsened, and he sought treatment in the United States, where he underwent a total hip replacement.

Issues

  1. liability of defendants for medical negligence
  2. quantum of damages

Reasoning

The court found the plaintiff's case against the defendants on liability to be without merit. On quantum, the court awarded Ksh. 2,000,000 in general damages and Ksh 5,000 and $ 3338.69 as special damages.

Outcome

Dismissed

Authorities cited

Cases cited (2)
  • JOO & 2 Others v. Dr Praxedes P Maundu Okuyoti [2018] eKLR
  • BS v. Jonardon Patel [2019] eKLR
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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