IN THE COURT OF APPEAL
AT NAIROBI
( Coram:Kneller, Hancox JJA and Nyarangi Ag JA )
CIVIL APPEAL NO. 26 OF 1982
BETWEEN
NATION NEWSPAPERS LIMITED..............................................................APPELLANT
AND
LYDIA CHESIRE...........................................................................................RESPONDENT
(Appeal from the High Court at Nairobi, Chesoni J)
JUDGMENT
Kneller JA On July 12, 1979 Mr Justice Chesoni of the High Court in Nairobi found the Nation Newspapers Limited (the Nation) had libelled Mrs Lydia Chesire, refused her application for an injunction to restrain the Nation from repeating it and awarded her Kshs 15,000 damages with costs and interest on both sums.
The Nation appealed from the finding and the award, complaining that the former was not proved and, if it were, the latter was, in the circumstances excessive.
It asked this court to allow the appeal, set aside that decision, order the refund to the Nation of the decretal amount already paid to Mrs Ly…