Megascope Healthcare Kenya Ltd v Nation Media Group Limited & 4 others [2021] KEHC 12950 (KLR)
- Court
- High Court of Kenya
- Case number
- 12950
- Citation
- [2021] KEHC 12950 (KLR)
- Decided
- 21 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous ruling in Nairobi H.C.C. E136 of 2020CoramJ. K. SERGON
Holding
The court declines to grant the oral application to make an order for the plaintiff to provide an undertaking as to damages, as the court is functus officio and cannot revisit its previous ruling.
Facts
The plaintiff, Megascope Healthcare Kenya Ltd, sought an injunction against the defendants, Nation Media Group Limited and its editors and managing director, for publishing defamatory content. The court had previously issued mandatory and prohibitory orders of injunction.
Issues
- Whether the court can revisit its previous ruling on the plaintiff's request for an undertaking as to damages
- Whether the court can make a discretionary order for an undertaking as to damages
Reasoning
The court ruled that it is functus officio and cannot revisit its previous ruling on the plaintiff's request for an undertaking as to damages, as the parties did not address this issue during the application.
Outcome
The court declines to grant the oral 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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