Maxcure Hospital Limited v Okello & another [2024] KEHC 3876 (KLR)

Maxcure Hospital Limited v Okello & another (Civil Appeal 199 of 2023) [2024] KEHC 3876 (KLR) (19 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3876 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal 199 of 2023

RE Aburili, J

April 19, 2024

Between

Maxcure Hospital Limited

Appellant

and

Dennis Onyango Okello

1st Respondent

Robert Owino

2nd Respondent

(Being an appeal from the Judgment of Hon. G. C. Serem RM, delivered on 25th October 2023 in Kisumu CMCC No. E319 of 2023)

Ruling

1. Appeal is summarily rejected as there are no points/issues of law disclosed pursuant to section 38(1) of the Small Claims Court Act, 2016 and the Appellant having received judgement in its favour, cannot claim that the Small Claims Court lacked jurisdiction to order for payment by instalments as the appellant could still seek for review as provided for under section 30 of the Act establishing the Small Claims Court.

2. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF APRIL, 2024R. E. ABURILIJUDGE