Nelius Wanjiru Wanjiku v Kenya Broadcasting Corporation & another [2016] KEHC 2162 (KLR)
- Court
- High Court of Kenya
- Case number
- 2162
- Citation
- [2016] KEHC 2162 (KLR)
- Decided
- 11 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDefamationPostureDefendants raised a preliminary objection that the Plaintiff failed to comply with the provisions of section 46(a) of the Kenya Broadcasting Corporation Act, Cap 221.CoramH P G WAWERU
Holding
The preliminary objection is not well taken and is premature. It is hereby overruled with costs to the Plaintiff.
Facts
The Plaintiff filed a defamation suit against the Defendants. The Defendants argued that the Plaintiff did not issue the statutory 30-day notice required by section 46(a) of the Kenya Broadcasting Corporation Act, Cap 221.
Issues
- Whether the Plaintiff complied with the statutory notice requirement under section 46(a) of the Kenya Broadcasting Corporation Act, Cap 221.
- Whether the preliminary objection on a point of law can be founded upon contested facts.
Reasoning
The court ruled that a preliminary objection on a point of law cannot be founded upon contested facts. The court will have to try first the factual issue whether or not statutory notice was duly issued and served before any preliminary point of law can be founded on that fact.
Outcome
Defendants' preliminary objection to the Plaintiff's suit is overruled with costs to the Plaintiff.
Orders
- Preliminary objection to the Plaintiff's suit is overruled with costs to the Plaintiff.
Authorities cited
Legislation (2)
- Kenya Broadcasting Corporation Act, Cap 221
- Limitation
Cases cited (1)
- Mukisa Biscuit Manufacturing Co. Ltd -vs- West End Distributors (1969) EA 696
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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