Standard Investment Bank Limited v Cyprian Nyakundi & 3 others [2021] KEHC 8277 (KLR)
- Court
- High Court of Kenya
- Case number
- 8277
- Citation
- [2021] KEHC 8277 (KLR)
The court found that the defendants have not proven the truthfulness of their statements and that the plaintiff has a genuine concern about the damage to its reputation and business.
Facts
The plaintiff, Standard Investment Bank Limited, filed a Notice of Motion alleging that the defendants, Cyprian Nyakundi, Kahawa Tungu Limited, Robert Alai, and Business Times Kenya, published defamatory articles about the plaintiff's product Mansa X.
Issues
- Whether the defendants' publications constitute libel
- Whether the defendants have a prima facie case to justify their publications as fair comments
- Whether the plaintiff is likely to be a Ponzi Scheme
- Whether the defendants have a right to publish the articles as a consumer right to information
Reasoning
The court applied the principles of Giella v Cassman Brown & Co Ltd and Cheserem v Immediate Media Services to determine that the defendants must prove the truthfulness of their statements. The court found that the defendants have not met this burden.
Outcome
The court denied the plaintiff's request for an interlocutory injunction.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
Cases cited (4)
- Giella v Cassman Brown & Co Ltd (1973)
- Cheserem v Immediate Media Services (2000)
- Mrao v First American Bank of Kenya Limited & 2 Others (2003)
- Nguruman Limited v Jan Bonde Nielsen & 2 Others (2014)
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