Janto Construction Company Ltd v Enock Sikolia & 2 others [2020] KEHC 4890 (KLR)
- Court
- High Court of Kenya
- Case number
- 4890
- Citation
- [2020] KEHC 4890 (KLR)
- Decided
- 5 June 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramA. C. Mrima, Aburili, Brett, Kuloba, Mabeya, Odunga
Holding
The Plaintiff's case is dismissed as the suit is a non-starter for want of pleading verbatim the words complained of.
Facts
The Plaintiff, Janto Construction Company Ltd, claims defamation after a defamatory article was aired about it by the Defendants, Enock Sikolia and Citizen TV. The Plaintiff claims the article was false and malicious, and that it caused reputational damage.
Issues
- Legal standing of the 2nd Defendant
- Whether the entire suit is a non-starter for want of pleading verbatim the words complained of
- Status of Misc. Application No. 79 of 2017 O.S.
- Whether the impugned publication lowered the reputation of the Plaintiff in the estimation of right-thinking members of society generally
- Whether the defences raised by the Defendants are holding in this suit and if not, whether there was malice in the publication of the disputed article
- Whether the Plaintiff proved its case and if so whether it is entitled to any remedies
Reasoning
The Court found that the Plaintiff did not plead the words complained of in the article, making the entire suit non-starter.
Outcome
Appeal dismissed
Orders
- Interim injunctive orders issued and confirmed pending the hearing of the application
Remedies
- Interim injunctive orders issued and confirmed pending the hearing of the application
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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