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Pravin Bowry v. John Ward & Standard Limited

(2015) JELR 96365 (CA)

Court of Appeal  •  Civil Appeal 70 of 2009  •  13 Nov 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Jamila Mohammed, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This is an appeal from the Ruling delivered on 31st October, 2008 by R.N. Sitati, J., in Nairobi HCCC. No. 1062 of 2005 where the learned judge dismissed an application by the appellant, Pravin Bowry, who had sought various orders – in the main, that his name be struck out from the suit; that the amended plaint be struck out; that the suit against him be dismissed and that costs be awarded to him.

That suit has not been heard at all and is still pending at the High Court despite its having been filed there over 10 years ago.

A brief history of the matter will suffice for purposes of determination of this appeal. John Ward, an English citizen resident in Suffolk, England sued

The Standard Limited, a Kenyan newspaper claiming various forms of damages for publications carried in an issue relating to the 2nd respondent. The 2nd respondent delivered a statement of defence where the 1st respondent’s claim was denied and various defences taken.

By an application which is not…

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