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Alfred Mincha Ndubi v. Standard Limited

(2020) JELR 105652 (CA)

Court of Appeal  •  Civil Application 74 of 2019  •  3 Apr 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Jamila Mohammed

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: GITHINJI, OKWENGU and J. MOHAMMED, JJ.A)

CIVIL APPLICATION NO. 74 OF 2019

BETWEEN

ALFRED MINCHA NDUBI.............APPLICANT

AND

THE STANDARD LIMITED.......RESPONDENT

(Being an application for injunction pending the determination of an intended appeal from the judgment of the High Court of Kenya at Nyamira (Maina, J.) dated 23rd May, 2019 In H. C. C. A. No. 5 of 2017)

*******************************

RULING OF J. MOHAMMED, JA

BACKGROUND

1. Before me is a Notice of Motion dated 9th July 2019 filed by Alfred Mincha Ndubi (the applicant), under Rule 5 (2) (b) of the Court of Appeal Rules (the Court Rules), against the decision of the High Court at Nyamira (E. N. Maina, J.) delivered on 23rd May, 2019.

2. The genesis of the application as can be gleaned from the plaint dated 19th March, 2014 is that the applicant sought judgment against The Standard Limited (the respondent) for defamatory words published against him by the respondent and in particular, general da…

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