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Wachira Waruru & Standard Limited v. Francis Oyatsi

(2001) JELR 94273 (CA)

Court of Appeal  •  Civil Appeal 111 of 2000  •  30 Nov 2001  •  Kenya

Coram
Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

The respondent, Francis Oyatsi , filed an action for libel against the two appellants Wachira Waruru and The Standard Limited on 21st June, 1999. The alleged libellous publications by "The East African Standard" newspaper which the respondent is complaining about were printed in the said newspaper between 2nd December, 1998 and 17th December, 1998. The plaint filed in the superior court sets out the substance and dates of publications and the respondent pleads that the said publications mean or suggest that he was involved in embezzlement of a colossal sum of Shillings one billion from Mumias Sugar Company Limited; that he had committed offences of theft or misappropriation, corruption, fraud, sabotage etc. For the purposes of this appeal we need not go any further than that.

The two appellants filed a defence, in time. The defence raised several issues including what is called a "rolled-up-plea", namely that "in so far as the words complained of consist of statemeā€¦

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