JUDGMENT TUNOI, J.A.
This is an appeal from a judgment of the High Court of Kenya at Nairobi (Aluoch, J) given on 28th September, 2000 by which the plaintiff, now the appellant, was awarded a sum of Shs.2,000,000.00 as general damages and Shs.250,000.00 as exemplary damages for libel on the publication of a book.
The sole question for decision in this appeal is whether the awards made by the learned trial Judge were inadequate and, if so, what are the proper sums to be substituted for them. It is argued with great force by Mr. Ngatia, counsel for the appellant, that the libel complained of a very grievous character, in view of the particular circumstances in which it was published, the position of the appellant as a Judge of the Court of Appeal, the ignominious way in which the respondents treated the libel and their approach to the suit. Mr Ngatia, therefore, submits that the awards made were grossly inadequate.
Introduction
The appellant was appointed a Puisne Judge in 1982 after having…