Dr Lucas Ndungu Munyua v Royal Media Services Limited & another [2014] KEHC 2582 (KLR)
- Court
- High Court of Kenya
- Case number
- 2582
- Citation
- [2014] KEHC 2582 (KLR)
- Decided
- 10 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDefamationPostureAppeal from a decision granting an extension of time to file a defamation suitCoramAkiwumi, Emukule, Law, Mbito, Ojwang, Rudd, Shah, Trainor
Holding
The court held that the suit was time barred and that the plaintiff is not entitled to damages as the extension of time under section 27 of the Limitation of Actions Act does not apply to defamation cases.
Facts
The plaintiff filed a defamation suit against the defendants on February 29, 2008, after the cause of action arose on February 11 and 12, 2004.
Issues
- Whether the suit was time barred
- Whether the plaintiff is entitled to damages
Reasoning
The court ruled that the plaintiff's suit was time barred because it was filed more than three years after the cause of action arose. The court also stated that the extension of time under section 27 of the Limitation of Actions Act does not apply to defamation cases.
Outcome
The appeal was dismissed.
Orders
- The suit was dismissed as time barred
Authorities cited
Legislation (2)
- Limitation of Actions Act, Cap 22 Laws of Kenya
- Republic vs. Principal Magistrate P. Ngare Gesora Principal Magistrate's Court & 2 others Ex-parte Nation Media Group Ltd [2013] eKLR
Cases cited (2)
- Republic vs. Principal Magistrate P. Ngare Gesora Principal Magistrate's Court & 2 others Ex-parte Nation Media Group Ltd [2013] eKLR
- Mary Wambui Kabugu vs. Kenya Bus Services Ltd. Civil Appeal No. 195 of 1995
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…