QUESTION ONE:

Lady Nadia went for child delivery at bado hospital, upon arrival and examination the doctor recommended that she would undergo an emergency caesarian section. The doctor successfully carried out the operation. Two days later she had persistent pain and after undergoing an x-ray examination in sasa hospital, it was discovered that the doctor forgot a small pair of scissors in her womb. Lady Nadia is aggrieved and intends to sue the doctor. Advise Nadia

1. Identify the specific wrong the doctor might have committed and the law applicable.
2. Explain the essential elements of the wrong identified in (a) above.
3. Determining the most suitable remedy available to lady Nadia.

(20 Marks)

QUESTION TWO:

Jane had been summoned to appear before the Egerton Senate disciplinary committee located in Nakuru on charges of exam cheating. She was required to appear on 23^rd October 2021 at 11am and the letter inviting her is dated 22nd October 2021, which was sent to her via Whatsapp.

She failed to appear for the hearing but got late after the hearing had concluded. A letter of discontinuation was issued in line with the Senate's hearing.

Required

1. Using legal principles and available case law, advise Jane on the best cause of action she can take and the remedies available to her
2. Explain the various reasons that would compel a person in Kenya to approach the High Court to have it review decisions of another body (20 Marks)

QUESTION THREE:

Samuel Leo made an offer to purchase David Kesho's car. However, David Kesho upon accepting the offer was informed by Samuel that the offer was terminated. David did not understand how that was possible. Advice David on the whether Samuels's terminations, was valid and give reasons for your answer. (10Marks)