A decision made by the High Court in Nairobi in June 2025 has set a significant precedent in medical negligence law in Kenya. The court found both a hospital and a consultant gynaecologist jointly and severally liable for severe injuries suffered by a patient following a hysterectomy and related procedures and awarded damages of R21 557 191.
Nomonde Sithole
Legal battle over radiation oncology services in Gauteng: A case study
By Paul Cartwright & Nomonde Sithole on
In a landmark case, the Cancer Alliance succeeded in a legal action against the Gauteng Department of Health and other related entities for failing to address the urgent need for radiation oncology services for cancer patients in Gauteng. This case highlights the critical issues surrounding healthcare service delivery, the allocation and utilisation of funds, and…
Deceitful suretyships defences rejected on electronic evidence
By Donald Dinnie & Nomonde Sithole on
In April 2025, the High Court ruled in favour of a bank in a monetary claim against two sureties. The court rejected the deceitful defences raised by the sureties regarding signature of the suretyship and made useful findings regarding video and other evidence of the signing.
The debtor breached the terms of its facility and…
Satisfying court orders: Periodic payments and lump sum payments.
By Nomonde Sithole & Maano Manavhela on
In a March 2025 Judgment, the High Court addressed the issue of whether the Eastern Cape Department of Health could satisfy a final court order for the payment of damages in instalments instead of a lump sum. The court found that the defendant cannot satisfy a court order in periodic payments.
The plaintiff, BN, acting…
When does the duty to support younger siblings end?
By Nomonde Sithole on
This blog was co-authored by Lesego Moloisana, candidate attorney at Norton Rose Fulbright South Africa.
In Sandla v RAF, the claimant sued RAF for the loss of support after her older brother (hereafter ‘the deceased’) died in a motor vehicle collision. The claimant claimed that the deceased had inherited the duty to support her during…
Expert opinions are not fact for admission under the Civil Proceedings Evidence Act
By Nomonde Sithole on
This blog was co-authored by Candidate Attorneys, Hansica Naidu and Jeneil Peterson.
The purpose of an admission of fact is to narrow the issues which will need to be determined by a Court. In order to do so, this must be done correctly and in accordance with section 15 of the Civil Proceedings Evidence Act…