Wzo Konjit Tedla & another v Osborne Ashiono Mutumira [2015] KEHC 6523 (KLR)
- Court
- High Court of Kenya
- Case number
- 6523
- Citation
- [2015] KEHC 6523 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the original judgment and decree of Hon. Mr. B. N. Olao in Milimani Commercial Court CMCC No. 2424 of 2010CoramJ. K. SERGON
Holding
The suit is not res judicata and the appeal is dismissed with costs to the Respondent.
Facts
The Respondent sued the Appellant and Ethiopian Airlines for defamation, alleging that defamatory words were uttered about him by the Appellant and his advocates. The Appellant and Ethiopian Airlines denied the claim and argued that the suit was time-barred and res judicata.
Issues
- Whether the suit was res judicata
- Whether the suit should be struck out due to limitation of time
Reasoning
The court found that the suit was not res judicata and that the Appellant's arguments regarding limitation of time were not clear or obvious, thus not warranting the dismissal of the suit.
Outcome
Appeal dismissed with costs to the Respondent
Orders
- The appeal is dismissed with costs to the Respondent
Authorities cited
Cases cited (2)
- Nancy Mwangi T/A Worthlin Marketers v Airtel Networks (K) Ltd (Formerly Celtel Kenya Ltd) & 2 others [2014] eKLR
- BOW VALLEY HUSKY (BERMUDA) LTD v SAINT JOHN SHIPBUILDING LTD AND OTHER APPEALS [1998]2 LRC, 666
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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