WANGETHI MWANGI & NATION NEWSPAPERS LTD V. J.P. MACHIRA T/A MACHIRA & CO. ADVOCATES

JUDGMENT OF THE COURT

This is an appeal against an award of damages against the appellants by the High Court (Mulwa, J.) in a judgment dated 7^th September, 2001.

The background facts are that the respondent who is an advocate of the High Court of Kenya, filed a defamation suit on 12^th July, 1996 against the appellants claiming inter alia full apology from the appellants for having printed and disseminated information which the respondent regarded as libelous, general damages and aggravated damages for defamation together with costs. In response, the appellants filed a defence on 13^th August 1996 denying the averments contained in the plaint. In a further response to the filing of the defence, the respondent applied to have the defence struck out under the then Order 6 rule 13(1)(b and c) and (d) of the Civil Procedure Rules. The application to strike out the defence was dismissed by the High Court (Mbogholi Msagha, J.). An appeal to the Court of Appeal filed by the respondent against th…