Gallmann (Suing Through Sveva Makena Galimann (Her Daughter as the Next of Friend and Guardian) & another v Gandhi & 4 others (Civil Suit 080 of 2024) [2025] KEHC 15417 (KLR) (Civ) (30 October 2025) (Ruling) Neutral citation: [2025] KEHC 15417 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL SUIT 080 OF 2024 JN MULWA, J OCTOBER 30, 2025 BETWEEN MARIA EMMA KUKU GALLMANN (SUING THROUGH SVEVA MAKENA GALIMANN (HER DAUGHTER AS THE NEXT OF FRIEND AND GUARDIAN) ......................................................................................... 1ST PLAINTIFF SVEVA MAKENA GALLMANN ........................................................ 2ND PLAINTIFF AND DR. RAJEEV D. GANDHI ............................................................... 1ST DEFENDANT DR. SALIM HASSAN ALI .............................................................. 2ND DEFENDANT DR. NADEEM SHEIKH .................................................................. 3RD DEFENDANT DR. ROSHNI AJMERA .................................................................. 4TH DEFENDANT THE AGAKHAN UNIVERSITY HOSPITAL ............................... 5TH DEFENDANT RULING 1. There are two applications before the court for determination. The first application is dated 3/02/2025 brought by the 2nd Defendant, Dr. Salim Hassan Ali. The Applicant seeks orders to stay proceedings in this case pending determination of his Appeal by the Civil Division from the decision of the Kenya Medical Practitioners and Dentists Council vide HCCA. No. 1330 of 2023 challenging the disciplinary ruling dated 9/11/2023. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15417/eng@2025-10-30 1
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2. The second application is dated 3/06/2025. The 5th Respondent’s (the Agakhan University Hospital) Advocates on record seek leave of court to cease from acting for the client the 5th Defendant for what it states to be lack of instructions. 3. I have perused the Judiciary Case Tracking System (CTS). The law firm of NBMA Advocates LLP have already come on record for the 5th Respondent and has duly filed a Notice of Change of Advocates dated 29/07/2025 from its previous advocates Ms. Majanja Lucano & Co. Advocates pursuant to provisions of Order 9 Rule 9 of the Civil Procedure Rules. 4. To that extent, therefore the application dated 3/06/2025 is resolved. 5. The motion dated 3/02/2025 was filed early this year before the Civil Appellate Division was established for hearing of Civil Appeals from Tribunals Commissions quasi-judicial agencies and from the Subordinate Courts. 6. The Applicants Appeal vide HCCA No. 1330 of 2023 arose from a ruling from disciplinary proceedings in Dr. Salim Hassan Ali v. Kenya Medical Practitioners and Dentists Council and others. It is pending for hearing, in the High Court Civil Division. For the stated reason and by dint of the Civil Appellate Division now in full operation, the appeal is therefore transferred to the Civil Appellate Division for hearing and determination. 7. The application for stay of proceedings dated 3/02/2025 is likewise rerouted to the said Civil Appellate Division for hearing and determination. DELIVERED DATED AND SIGNED AT NAIROBI THIS 30TH DAY OF OCTOBER, 2025. ...................................... JANET MULWA. JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15417/eng@2025-10-30 2
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