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Jones Maghanga Solomon v. Eliud Mbogho Majani

(2015) JELR 105315 (CA)

Court of Appeal  •  Civil Appeal 20 of 2014  •  9 Oct 2015  •  Kenya

Martha Karambu Koome, Hannah Magondi Okwengu, George Benedict Maina Kariuki



1. ELIUD MBOGHO MAJANI, the respondent in this appeal, obtained judgment in the Resident Magistrate court at Voi against JONES MAGHANGA SOLOMON, the appellant, in the sum of Shs.500,000/= as damages in a civil suit for defamation arising from utterances made by the appellant at a public meeting at a place called Ghazi Trading Centre in Taita Taveta location, Voi on 16th April 2008.

2. The trial magistrate found that the evidence adduced by the respondent had been admitted by the appellant and was thus uncontroverted; and that therefore the claim was proved, that the respondent’s reputation “was lowered in the eyes of tright thinking members of the public and the appellant had been shunned or avoided by his family and exposed to hatred, contempt, or ridicule and had suffered damage.” He awarded the respondent Shs.500,000/= as damages and issued a permanent injunction restraining the appellant from publishing defamatory words against the appellant. The appellant appe…

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