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S M W V. Z W M

(2015) JELR 94855 (CA)

Court of Appeal  •  Civil Appeal 56 of 2006  •  3 Jul 2015  •  Kenya

Wanjiru Karanja, Festus Azangalala, Philomena Mbete Mwilu



1. In a Plaint filed on 9th April, 2001 at the High Court of Kenya, Nairobi, the Plaintiff, S M W, (appellant) sued the Defendant, Z W M, (respondent) for defamation and more particularly libel based on the defendant’s letter dated 15th March, 2001 addressed to the Plaintiff and copied to the OCS Gatundu Police Station, D.O. Gatundu South Division and S.M. Gitau and

Co. Advocates (the Defendant’s Advocates). In particular, the plaintiff pleaded, in paragraph 3 of the plaint, as follows:

“On or about the 15th March, 2001 the defendant falsely and maliciously wrote and published to Officer Commanding Gatundu Police Station, the District Officer Gatundu, Messrs. S.M. Gitau and Company Advocates, the Chief Ndarugu Location and others (whom the plaintiff cannot presently better identify) of and concerning the plaintiff as follows:-

“Also noted with great concern you continually (sic) been interfering with the late B M’s Estate and our old mother by offering her gifts so …

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