Patrick Nyaga & another v Sanitam Services (EA) Limited [2021] KECA 998 (KLR)
- Court
- Court of Appeal
- Case number
- 998
- Citation
- [2021] KECA 998 (KLR)
- Decided
- 5 February 2021
AI Summary
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TypecivilPostureAppeal from a judgment of the High CourtCoramS. GATEMBU KAIRU, JUDGE OF APPEAL, A.K. MURGOR, JUDGE OF APPEAL, S. Ole KANTAI, JUDGE OF APPEAL
Holding
The appeal is allowed, and the judgment of the High Court is set aside with costs to the appellants.
Facts
Sanitam Services (EA) Limited sued Patrick Nyaga and Rentokil Initial (K) Limited for defamation. The appellants denied writing defamatory letters, while the respondent claimed the letters depicted them as unscrupulous and illegal.
Issues
- Whether the letters written by the appellants to third parties defamed the respondent and its directors.
- Whether the trial court erred in awarding general damages of Kshs. 2 million.
Reasoning
The court found no proof of injury to the respondent's reputation and that necessary ingredients of the tort of defamation were not established. The evidence in its totality fell short of the standard required to prove defamation.
Outcome
Appeal allowed
Orders
- Judgment of the High Court set aside with costs to the appellants.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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