National Media Group & another v Awale Transporters Limited [2021] KEHC 5080 (KLR)
- Court
- High Court of Kenya
- Case number
- 5080
- Citation
- [2021] KEHC 5080 (KLR)
- Decided
- 15 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Subordinate CourtCoramHon. F. Kyambia
Holding
The Court of Appeal dismissed the appeal and upheld the judgment of the Subordinate Court.
Facts
The Respondent filed a suit against the Appellants for damages for defamation. The alleged defamatory words were published by the 2nd Appellant in his capacity as the agent of the 1st Appellant and the publication was done on the 10th March, 2015 and 12th March, 2015 via the 1st Appellant’s newspaper, The Daily Nation.
Issues
- Whether the published articles referred to the Respondent
- Whether the published articles were defamatory of the Respondent
- What is the appropriate quantum of damages to be awarded
Reasoning
The Court of Appeal found that the articles did not refer to the Respondent and that the Respondent lacked the status of a juristic person to institute the suit. The Court also found that the publications were not defamatory and that the trial court did not err in awarding damages.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Defamation Act, chapter 36 of the laws of Kenya
Cases cited (3)
- Root Capital Incorporated –vs- Cooperative Society Limited & Another (2016) eKLR
- SMW –VS-ZWM [2015] eKLR
- Selina Patani
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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