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Johnson Evan Gicheru v. Andrew Morton & Micheal O'Mara Books Limited

(2005) JELR 100768 (CA)

Court of Appeal  •  Civil Appeal 314 of 2000 (1)  •  14 Oct 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OMOLO, TUNOI and GITHINJI, JJ.A.)

Civil Appeal 314 of 2000 (1)

BETWEEN

JOHNSON EVAN GICHERU ................................................. APPELLANT

AND

ANDREW MORTON ..................................................... 1ST RESPONDENT

MICHAEL O’MARA BOOKS LIMITED ........................... 2ND RESPONDENT

(An appeal from the Judgment and Decree of the High Court of

Kenya at Nairobi (Aluoch, J.) dated 28th September, 2000

in

H.C.C. Suit No. 214 of 1999)

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

JUDGMENT OF OMOLO, J.A.

I had the advantage of reading in draft form the judgment of TUNOI, J.A. I fully agree with his exposition of the law and the conclusions at which he has arrived. I agree with him that the High Court cases cited to us concerning the quantum of damages in matters of libel do not appear to have a solid juridical grounding and like TUNOI, J.A., I would find it very difficult to base my decision on them, particularly in view of the fact that they may …

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