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Nation Media Group Limited v. Busia Teachers Co-Operative Credit And Savings Society Limited & Anderea Lumumba Kechula

(2010) JELR 105398 (CA)

Court of Appeal  •  Civil Appeal 209 of 2005  •  5 Nov 2010  •  Kenya

Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



This is an old case, with a chequered history. It began in 2001 with the filing of a plaint in which Busia Teachers Co-operative Credit and Savings Society Limited (1st respondent) and Anderea Lumumba Kechula (2nd respondent) claimed damages for defamation arising out of a publication by the Nation Media Group Limited (the appellant) of an article in the Daily Nation of 19th February, 2001 entitled “Society Issues Bad Cheques”, which the respondents alleged was untrue and had damaged their reputation. The respondents denied the allegations claiming that the publication was fair comment on a matter of public interest. The hearing of the suit commenced on 6th March, 2002 before Ang’awa, J in Busia. The appellant was represented by Mr. G. K. Mbiyu, while Mr. F. O. Wanga appeared for the respondents. The respondents called two witnesses, Mr. Anderea Lumumba Kechula, Chairman of the 1st respondent, and Mr. Chrispinus Ombare, Manager of the 1st respondent, and thereaft…

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