IN THE COURT OF APPEAL AT NAIROBI(CORAM: MUSINGA (P), MUMBI NGUGI & ODUNGA, JJ.A.)CIVIL APPEAL NO. 28 OF 2020BETWEENTHE AGA KHAN UNIVERSITY HOSPITAL APPELLANTANDSYLVESTER MUSYOKI KISONZO 1ST RESPONDENTBERIAH WANGARE WARUE 2ND RESPONDENTDR. DONALD OYATSI …………………………….…. 3RD RESPONDENT(Being an appeal from the judgment and decree of the High Court of Kenya at Nairobi (Sergon, J.) delivered on 12th April 2018inH.C.C.C. No. 496 of 2010)************************* JUDGMENT OF THE COURTIn the dispute culminating in this appeal, the High Court at Nairobi (Sergon, J.) found the Aga Khan University Hospital (the Hospital) and Dr. Donald Oyatsi (Dr. Oyatsi) liable jointly and severally for the death of Nina Ngina Kisonzo (the deceased)and awarded damages in the sum of Kshs. 4,350,000/- together with costs and interest at court rates.The background to this appeal is that Sylvester Musyoki Kisonzo and Beriah Wangare Warue (the 1st and 2nd respondents respectively), the administrators and personal representatives of the estate of the the deceased, instituted suit against Dr. Oyatsi and the Hospital (sued as the 1st and 2nd respondents respectively), vide a Plaint dated 25th October 2010, which was