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Clifford Okello Rachuonyo t/a Rachuonyo & Rachuonyo Advocates v. Mohamed Yusuf Soroya, Kede Enterprises Limited, Okero S. Oyugi t/a Oyugi & Co Advocates & Robert Otachi Kibagendi

(2020) JELR 103144 (CA)

Court of Appeal  •  Civil Appeal 224 of 2018  •  22 May 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Wanjiru Karanja, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

BACKGROUND

1) The appellant, (Clifford Okello Rachuonyo t/a Rachuonyo and Rachuonyo Advocates filed suit for defamation against Mohamed Yusuf Soroya (the 1st respondent) before the High Court at Nairobi by a plaint dated 2nd March, 2010

2) In a nutshell, the background of the appeal is that the appellant, an advocate of the High Court of Kenya was instructed by the 1st respondent in February, 2008 to act for him in the purchase of Land Title Number Nairobi/Block/94/184 located in Nyari Estate, Nairobi (the suit property) from the vendor, Kede Enterprises Limited (the 2nd respondent). Okero S. Oyugi t/a Oyugi and Co Advocates (the 3rd respondent) were the 2nd respondent’s advocates in the sale transaction while Robert Otachi Kibagendi (the 4th respondent) was a Director of the 2nd respondent.

3) In the plaint, the appellant contended that upon receipt of instructions from the 1st respondent to act for him in the purchase of the suit property, he approved by amendment …

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