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Graham v Standard Group Limited (Civil Appeal 63 of 2020) [2023] KECA 649 (KLR) (9 June 2023) (Judgment)

[2023] KECA 649 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
649
Citation
[2023] KECA 649 (KLR)
Decided
9 June 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment of the High Court of Kenya at Mombasa (P. J. Otieno J.) delivered on 22nd May 2020CoramGV ODUNGA, P. J.
Holding

The court dismissed the appellant's claim as he failed to prove that the publication was about and concerning him.

Facts

On June 14, 2012, Standard Group Limited published a defamatory story in its Standard newspaper, including a photograph of the appellant walking on the beach with his girlfriend, which was later used in the appellant's defamation suit.

Issues

  1. Whether the publication was defamatory and malicious
  2. Whether the appellant was the person referred to in the photograph

Reasoning

The court held that the appellant did not prove the reference innuendo arising from the photograph, and thus did not discharge the burden of proving that the publication was defamatory of him.

Outcome

Appeal dismissed

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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