Safaricom Limited v Transcend Media Group [2016] KEHC 1271 (KLR)
- Court
- High Court of Kenya
- Case number
- 1271
- Citation
- [2016] KEHC 1271 (KLR)
- Decided
- 4 October 2016
The Court held that Safaricom has not demonstrated the falsity of the publications and failed to establish that the impoundment of documents and materials used in the implementation of the BLAZE brand promotion was unlawful.
Facts
Safaricom Limited (Safaricom) and Transcend Media Group Limited (Transcend) had a dispute over the implementation of the BLAZE brand promotion. Safaricom alleged that Transcend published injurious falsehoods about Safaricom, leading to the unlawful termination of the contract between Safaricom and Saracen Media Limited.
Issues
- Whether Transcend's publications were injurious falsehoods
- Whether the impoundment of documents and materials used in the implementation of the BLAZE brand promotion was unlawful
Reasoning
The Court agreed with Transcend's submissions that the plea of interference with economic rights should be seen as a consequence of the Tort of Malicious Falsehood. Safaricom failed to demonstrate the falsity of the publications and the impoundment was lawful.
Outcome
The Court dismissed the application for an injunction.
Loading judgment…