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Nation Newspapers Limited v. Lydia Chesire

(1984) JELR 98571 (CA)

Court of Appeal  •  Civil Appeal 26 of 1982  •  29 May 1984  •  Kenya

Coram
James Onyiego Nyarangi, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

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…

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