Court dismisses case of man seeking compensation after his wife eloped with another man from hospital

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Court dismisses case of man seeking compensation after his wife eloped with another man from hospital

A lawsuit filed by a man seeking to be compensated by St Mary’s Mission Hospital in Kenya for allowing his wife to leave the hospital with another man after giving birth, has been struck out by a law court. 

 

The appellant had sued the St. Mary’s Mission hospital at Kakamega law courts in 2020 seeking general damages from the facility on grounds that the hospital had discharged his wife and allowed her to leave with another man. After delivering and at the time of discharge, the wife of the appellant claimed he was the baby’s father.

 

The court of appeal judges Patrick Kiage, Mumbi Ngugi and Francis Tuiyott sitting at the Kisumu Court of Appeal, empathized with the man, but disagreed that he (the appellant) be compensated by the hospital for not detaining his wife. 

 

They upheld the lower court’s judgement which added that there’s no remedy that lies in the law for such grievances.

 

Kiage said;

 

“I agree that if a man takes the woman he loves to the hospital…



Source: Linda Ikeji