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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

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 damages, special damages, costs of the suit and interest at court rates.

3. In the said plaint, the applicant alleged that he was defamed by two articles published by the respondent in its newspapers dated 4th December, 2013 and 3rd December, 2013. The applicant averred that the impugned words interpreted in their natural and ordinary meaning referred to him as a criminal, a dangerous person and as a person who did not respect the l…

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