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Benson Ondimu Masese T/A & B.O. Masese & Company Advocates v. Kenya Tea Development Agency Ltd

(2007) JELR 105633 (CA)

Court of Appeal  •  Civil Appli. 161 of 2006  •  20 Jun 2007  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno



In a defamation suit by Benson Ondimu Masese trading as B.O. Masese and Company Advocates, the Superior Court (Tanui J.) gave judgment against the defendant, Kenya Tea Development Agency Limited (the applicant) and awarded general and exemplary damages. He declined to award aggravated damages which had, in addition, been prayed for in the plaint. The applicant was aggrieved and filed a Notice of Appeal under rule 74 of the Court of Appeal Rules, which in part reads as follows:

“TAKE NOTICE, that Kenya Tea Development Agency, being dissatisfied with the judgment of the Honourable Mr. Justice B.K. Tanui delivered on the 28/10/2005, intends to appeal to the Court of Appeal against the whole of the said judgment.”

The applicant before us was the plaintiff in the aforesaid suit. He has applied under rule 80 of the Court of Appeal Rules and section 3 of the Appellate Jurisdictions Act, Cap 9 Laws of Kenya, seeking an order striking out the aforesaid Notice of Appeal for bei…

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