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Wycliffe A Swanya v. Toyota East Africa Ltd & Francis Massai

(2009) JELR 92813 (CA)

Court of Appeal  •  Civil Appeal 70 of 2008  •  13 Mar 2009  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki



On 17th January, 2007 the appellant filed a suit in the superior court to claim from the respondents jointly and/or severally general damages, costs and interest thereon arising from words the respondents are alleged to have uttered on 12th November, 2005 and which the appellant believed were defamatory of him. The words allegedly uttered were to the effect that:-

“... If this company (Toyota East Africa Limited) had customers/people like you – Mr. Swanya, the company would close down.”

After the respondents filed their defence on 19th March, 2007 to which the appellant replied on 2nd April 2007, the respondents filed an application by Chamber Summons dated 14th May, 2007 in which they sought the striking out of the 1st respondent’s name and the plaint generally on the grounds that there was no cause of action for the claims made by the appellant; the cause of action in the suit did not subsist under the Limitation of Actions Act (Chapter 22) Laws of Kenya and the …

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