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WZO Konjit Tedla & Ethiopian Airlines (S.C) Limited v. Osborne Ashiono Mutumira

(2017) JELR 95638 (CA)

Court of Appeal  •  Civil Appeal 269 of 2016  •  15 Dec 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] It is unfortunate the main suit, the subject matter of this appeal which was filed in April, 2010 before the Chief Magistrate’s Court is still going round the courts on an interlocutory issue on whether certain paragraphs of the said suit ought to have been struck out. A brief background of the matter is that, on 23rd April, 2010 Osborne Ashiono Mutumira (respondent) filed the said suit before the Chief Magistrates’ Court at Milimani Commercial Court seeking general damages for certain defamatory utterances allegedly made on or about 4th March, 2009 by one Yenesu Fekadeneh the Airline manager of the 2nd appellant, who lodged a complaint with the police alleging that the respondent had forged a delivery book and subsequently stole $4241, the property of the 2nd appellant.

[2] Further, the respondent alleged that on diverse dates, Uzo Konjit Tedla (1st appellant) on behalf of Ethiopian Airlines (2nd appellant) uttered words that were defamatory of him. The said w…

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