SAMSON ODOYO V. OJWANG' K'OMBUDO

IN THE COURT OF APPEAL

AT KISUMU

(Coram: Gachuhi, Masime and Gicheru JJ A)

CIVIL APPEAL NO 118 OF 1990

SAMSON ODOYO ...........................................APPELLANT

VERSUS

OJWANG’ K’OMBUDO.................................... RESPONDENT

(Appeal from the judgment of the High Court of Kenya at Kisumu

(Mr Justice R S C Omolo) dated 10^th May, 1989, in

Civil Case No 59 of 1988)

JUDGMENT

This appeal arises from the decision of the superior court (Omolo, J) in a defamation suit by Samson Odoyo, (the appellant) against Hon Ojwang’ K’Ombudo (the respondent). The appellant has by his petition of appeal challenged the learned trial judge’s application of principle to the evidence adduced before him and his assessment and award of damages at Kshs 10,000/=. The respondent cross appealed and set out five grounds of appeal but the first four grounds were abandoned leaving the issue of quantum only for arguments before this Court.

The award of damages is a matter within the discretion of the trial court. Howe…