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Dalmas Otieno v. Stephen Kanyaru M'impwii

(2020) JELR 102944 (CA)

Court of Appeal  •  Civil Application 108 of 2019  •  22 May 2020  •  Kenya

Coram
Wanjiru Karanja, Jamila Mohammed, Fatuma sichale

Judgement

RULING OF THE COURT

1. Dalmas Otieno (the applicant) was the plaintiff in High Court Civil Case No. 614 of 2007, while Rev. Dr. Stephen Kanyaru M’Impwii was the defendant, in a claim whereby the applicant sought damages for defamation. Having heard the parties, the High Court (R. E. Ougo, J.) in a judgment rendered on 29th July, 2016 found in favour of the applicant and awarded him Ksh 1,500,000 together with costs and interest from the date of judgment till payment in full.

2. Being aggrieved by the said judgment the respondent filed a Notice of Appeal on 1st August, 2016 through the firm of Kamau Kuria and Co. Advocates. Subsequently, on 31st October, 2016 the respondent filed a notice of motion seeking orders of stay of execution of the judgment dated 20th July, 2016 pending “the lodging, hearing and determination of the defendant’s intended appeal to the Court of Appeal”.

3. The Court gave stay orders on condition that the respondent herein would deposit Ksh. 750,000 in a joint inter…

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