Jaribu Credit Traders Limited v Amedo Centre (K) Ltd & another [2018] KEHC 1731 (KLR)
- Court
- High Court of Kenya
- Case number
- 1731
- Citation
- [2018] KEHC 1731 (KLR)
- Decided
- 13 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trial outcomeCoramL. Njuguna
Holding
The plaintiff did not succeed in proving its case on a balance of probability and the same is dismissed with costs.
Facts
Jaribu Credit Traders Limited filed an amended plaint against Amedo Centre (K) Ltd and the Attorney General, claiming general damages for detinue, loss of profits, and special damages. The first defendant admitted filing a complaint with the Anti-Counterfeit Secretariat but denied it was specifically against the plaintiff and its managing director.
Issues
- Whether the first defendant acted maliciously, unlawfully, and without justifiable reasons in lodging the complaint against the plaintiff.
- Whether the criminal proceedings against the plaintiff were actuated by malice.
- Whether the plaintiff succeeded in proving its case on a balance of probability.
Reasoning
The court found that the prosecution of the plaintiff was not actuated by malice, and an acquittal does not necessarily connote malice on the part of the prosecutor.
Outcome
Dismissed with costs
Authorities cited
Legislation (2)
- Trade Descriptions Act Cap. 505 Laws of Kenya
- Criminal Procedure Code
Cases cited (2)
- James Karuga Kiiru Vs. Joseph Mwamburi & 3 others, Nrb. C.A. No. 171/2000
- Christine Otieno Caleb Vs. A.G. (2014) eKLR
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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