[2009] KEHC 2475 (KLR)
The court held that while the defendant is entitled to a fair opportunity to file a replying affidavit, the interests of justice require that the defendant be restrained from publishing further contentious material alleged to be harmful until the application for injunction is fully heard. This balances the...
Source-derived case information.
- Citation
- [2009] KEHC 2475 (KLR)
- Parties
- Plaintiff: RTD Justice Aaron Ringera; Defendant: The Standard Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 313 of 2009
- Procedural Posture
- Civil Suit / Interlocutory Ruling
- Outcome
- Interim injunction granted; directions for filing affidavits and inter partes hearing issued.
- Judges
- DA Onyancha
- Legal Topics
- Defamation, Interim Injunctions, Media Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RTD Justice Aaron Ringera
Plaintiff
The Standard Limited
Defendant
Procedural Posture
Civil Suit / Interlocutory Ruling
Legal Issues
- 1 Whether the defendant should be granted an adjournment to file a replying affidavit before the application for injunction is heard.
- 2 Whether interim injunctive relief should be granted to restrain the defendant from publishing further allegedly harmful material pending inter partes hearing.
Ratio Decidendi
The court held that while the defendant is entitled to a fair opportunity to file a replying affidavit, the interests of justice require that the defendant be restrained from publishing further contentious material alleged to be harmful until the application for injunction is fully heard. This balances the defendant's right to be heard with the need to prevent potential ongoing harm to the plaintiff. Accordingly, the defendant was granted leave to file a replying affidavit within 10 days, the plaintiff was allowed to file a supplementary affidavit in response, and an interim injunction was issued in terms of the application pending inter partes hearing.
Court Disposition
Interim injunction granted; directions for filing affidavits and inter partes hearing issued.
Orders
- The defendant is given leave to file a replying affidavit within 10 days of today.
- Plaintiff/applicant at liberty, after such service, to file a supplementary affidavit limited to the replying affidavit so served within 7 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Suit 313 of 2009
RTD JUSTICE AARON RINGERA. …………………… PLAINTIFF
VERSUS
THE STANDARD LIMITED. ……………………………DEFENDANT
R U L I N G
The defendant seeks adjournment to enable them file a fully informed replying affidavit. It is on record that they were served on Thursday 14 – about five days ago but have not filed the replying affidavit. However in the meantime the Defendant after being so served, went ahead to publish further material on the Sunday Standard, material contended to be as harmful as those complained of. The plaintiff fears that unless some interim orders are made stopping further harmful publication, the Defendant will continue to publish.
On the other hand the Defendant seeks more time to file a responding pleadings. I have considered the delicate situation. It is my view that the Defendant should be given ample opportunity to file a replying affidavit to enable the court decide on the issue of injunctions on sufficient material. On the other hand the Defendant should not be left lose to publish more material contended to be harmful before the application is fully argued.
In the above circumstances the Defendant should in the interim be prevented from publishing further contentious material.
ORDERS
1. The Defendant is given leave to file a replying affidavit within 10 days of today.
2. Plaintiff/Applicant at liberty, after such service to file a supplementary affidavit limited to the replying affidavit so served within 7 days.
3. Interim injunction in terms of prayer 3 of the application dated 10th June, 2009 is hereby granted pending inter partes hearing of the application.
4. Inter partes hearing on 2nd July, 2009.
5. Certified copy of these orders be issued to parties on requisite payment.
Dated and delivered at Nairobi this 16th day of June, 2009.
D A ONYANCHA
JUDGE