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(1984) JELR 98571 (CA)

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

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



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 Lydia Chesire and award it the costs here and below.

On September 25, 1977 the Sunday Nation had an item in it at page 30 about a golf tournament at Kericho the week before. It was for the Tea Hotel Trophy and the winner was shown, in a reproduction of a photograph, receiving it from a lady while the manager of the hotel stood nearby.

The lady was named as Mrs Chesire the wife o…

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