A L N
V.
AGA KHAN HEALTH SERVICE

RULING OF THE COURT

The ruling we are about to deliver, follows reference by the applicant, A L N under Rule 55 Court of Appeal Rules, provoked by the ruling of the single judge (Musinga J.A) delivered on 4^th April, 2014.

Musinga JA heard the applicant’s notice of motion dated 3^rd September 2013 by which he sought leave to file a notice of appeal as well as record of appeal out of time. The judgment which the applicant wishes to institute an appeal against was delivered on 22^nd July 2008 (O.K. Mutungi J as he then was) in HCCA 278/2004. The appeal followed a ruling in the magistrate’s court delivered on 8^th April 2004, dismissing an application to strike out a plaint.

Briefly put, the applicant was an employee of the United Nations (UN) in Nairobi. The UN had a medical scheme under which the applicant and his family, would visit the respondent hospital for medical services. The applicant with his family visited the respondent hospital on 17^th August 1996 and 10^th August 1996, received de…