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P M S v Royal Media Services Ltd & 12 others [2018] KEHC 4789 (KLR)

[2018] KEHC 4789 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4789
Citation
[2018] KEHC 4789 (KLR)
Decided
27 July 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMisc. Civil AppealPostureApplication for extension of time to file suit
Holding

The court does not have jurisdiction to extend time for the filing of a suit based on the tort of defamation.

Facts

The applicant seeks to file suits against various media companies for defamation, alleging that the respondents made slanderous remarks.

Issues

  1. Whether the court has jurisdiction to extend time for the filing of a suit based on the tort of defamation.
  2. Applicability of the Limitation of Actions Act to the applicant's claim.

Reasoning

The court ruled that the applicant's claim is barred by the limitation period for defamation, which is 12 months from the date the slanderous remarks were made. The provisions of the Limitation of Actions Act do not apply to extend the time for filing a suit based on the tort of defamation.

Outcome

The application is dismissed.

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Limitation of Actions Act
Cases cited (2)
  • Wycliffe A. Swanya vs Toyota East Africa and Another [2009] eKLR
  • Bosire Ongero vs Royal Media Services [2015] 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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