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NATION NEWSPAPERS LIMITED v. PETER BARAZA RABANDO

(2007) JELR 98691 (CA)

Court of Appeal  •  Civil Appli. Nai 1 of 2007 (UR. 1/2007)  •  16 Mar 2007  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

It is now well settled that for an applicant to succeed in an application under rule 5 (2) (b) of the Court of Appeal Rules, whether for an injunction or a stay of execution of decree or proceedings pending before the superior court, he must show firstly, that his appeal or intended appeal is arguable. Secondly, that unless he is granted the orders sought, the success of that appeal will be rendered nugatory.

The applicant before us, is Nation Newspapers Limited. It was the defendant in Civil Suit No. Nakuru High Court Civil Case No. 505 of 1998, in which Peter Baraza Rapando, the respondent, had sued for damages for libel. The alleged libel was contained in a front page story carried by the applicant in its daily, the Daily Nation, of 30th October, 1998 and 4th November, 1998 respectively. The story as carried on 30th October, 1998, edition read as follows:

“MAN IS INJURED MILKING JUMBO

A young farm hand suffered two broken ribs, and a dislocated shoulder ...... after…

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