Nation Media Group Limited & another v Wambui & another (Civil Appeal 270 of 2018) [2023] KECA 89 (KLR) (3 February 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 89
- Citation
- [2023] KECA 89 (KLR)
- Decided
- 3 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDefamationPostureAppeal from a High Court judgmentCoramHANNAH OKWENGU, H. A. OMONDI, J. MATIVO
Holding
The appeal is allowed, and the judgment of the High Court is set aside. The respondents' suit is dismissed with costs.
Facts
Nation Media Group Limited and Margaetta Wa Gacheru filed a defamation suit against Peninah Wambui and Stephen Kimani. The respondents alleged that the appellants published defamatory statements about them in the Sunday Nation Newspaper.
Issues
- Whether the respondents were defamed
- Whether the respondents were entitled to the award of damages and if so, how much
Reasoning
The court held that the respondents were not defamed and that the appellants were not liable for damages as there was no proof of intentional publication for profit. The court also found that the award of exemplary damages was unmerited.
Outcome
Appeal allowed
Orders
- Judgment of the High Court set aside
- Respondents' suit dismissed with costs
Authorities cited
Cases cited (3)
- Halbury’s Laws of England, 4th Edition, 1979 (Sweet and Maxwell)
- Bank of Baroda (K) Limited v Timwood Products Ltd [2008] 236
- John v MG Ltd [1996]1 All E.R. 35
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.
Loading judgment…