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Musikari Kombo v. Royal Media Services Limited

(2018) JELR 98781 (CA)

Court of Appeal  •  Civil Appeal 156 of 2017  •  9 Feb 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The appeal herein relates to the decision of the High Court (Odunga, J.) wherein the Hon. Musikari Kombo’s (the appellant) suit seeking damages for defamation against Royal Media Services Limited (the respondent) was dismissed. It is trite law that this Court as a first appellate court is not bound necessarily to accept the findings of fact by the court below. An appeal to this Court from a trial by the High Court is by way of retrial and the principles upon which this Court acts in such an appeal are well settled. Briefly put they are that this Court must reconsider the evidence, evaluate it itself and draw its own conclusions though it should always bear in mind that it has neither seen nor heard the witnesses and should make due allowances in this respect. See Selle and Another v. Associated Motor Boat Company Limited and others [1968] EA 123.

2. The salient facts giving rise to this appeal are that on 2nd March, 2011 at around 7:00 p.m. the appellant receive…

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