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Kiage Peter Wa Mochama & Catherine Mogiti v. Standard Chartered Bank Limited

(2016) JELR 99861 (CA)

Court of Appeal  •  Civil Appeal 104 of 2009  •  26 Feb 2016  •  Kenya

Coram
Martha Karambu Koome, George Benedict Maina Kariuki, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The appellants are the personal representatives of the estate of Felix Wilson Mochama (deceased) who died on 24th October, 2008. Prior to his death, by a plaint dated 21st April, 1995, the deceased filed suit against the respondent Bank seeking from it damages for defamation and unlawful dismal from employment.

In its defence, the respondent Bank averred that termination of the deceased’s contract of employment was lawful and denied defaming the deceased. Upon hearing the parties, the trial court dismissed the appellant’s suit in entirety expressing at paragraphs 17 and 21 of the judgment as follows:

“17. Firstly, the claim for damages for alleged defamation must be dismissed as being frivolous and vexatious because any person making such a claim must produce the document in which the alleged defamatory words were written. In this case, P. exhibit 7 was denied by the person who allegedly typed it, PW2. In the end, the words contained in it could have been typed by a…

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