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Given the existence of an insurance contract covering professional negligence and the nature of the claim, it is just and necessary to grant leave to issue a third party notice to the insurance company.
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The application was struck out for being incompetent as the applicants failed to comply with the prior court order requiring them to file for restoration of Misc. Land Application No. 812 of 2022, and instead improperly sought extension of time for the same reliefs, amounting to abuse of court process and non-compliance with lawful orders.
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The High Court lacks original jurisdiction to order dismissal from employment or revocation of a nurse's certificate under the Nursing and Midwifery Act 2010; such powers are vested in the Council and Minister, with the High Court's jurisdiction being appellate only after exhaustion of remedies. However, the Court retains jurisdiction over tort claims for damages.
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The High Court dismissed a medical negligence suit arising from childbirth and later uterine removal, finding no proved breach of duty by the hospital staff.
The Court of Appeal set aside a damages award against a bank, holding the respondent failed to prove breach of contract, negligence, or loss.
Plaintiff failed to prove breach of duty of care or professional negligence by defendants; no expert medical evidence or reports from other hospitals were tendered to contradict defendants' testimony or establish improper treatment.
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The High Court held a valuers’ firm liable for negligent overvaluation in a bank valuation contract and awarded specific damages, interest, and costs to Stanbic Bank.
The insurance policies covered fire and allied perils, not burglary; defendants failed to prove arson or breach of warranty; plaintiffs proved existence of valid insurance, occurrence of fire, and total loss; insurance broker negligently failed to assist claim processing; both defendants are jointly and severally liable for indemnification and damages.
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The insured's claims were properly pleaded and the existence and value of the insured properties were established through evidence and admissions. However, indemnification is limited to the actual loss as assessed by the loss adjuster, not the insured sum. The award of general damages against the appellant was unjustified as no negligence was pleaded against it. The 3rd respondent, as broker, was not liable for indemnification or general damages. The award of commercial interest at 18% was not pleaded or proved and was set aside. The appellant's repudiation of the claim was unjustified as ars…
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The applicant failed to provide sufficient cause for the delay as the technical delay ground was not applicable due to professional negligence, and the five-day delay was not substantiated by evidence. Ignorance of the law and counsel's mistakes are not good cause for extension of time. Each day of delay must be accounted for with evidence, which was lacking.
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