[2018] KEHC 8631 (KLR)

[2018] KEHC 8631 (KLR)

The court found that although the defendant's letter contained statements that were not justified, the plaintiff failed to prove publication to third parties, a necessary element for defamation. On professional negligence, the court held that the plaintiff acted in accordance with instructions and took reasonable steps to protect the defendant's interests, including demanding indemnity and verifying the title. There was no evidence of gross negligence or collusion. Allegations of fraud against the 2nd, 3rd, and 4th defendants were not substantiated, as the defendant was privy to the transaction and the title was validly registered in his name. The defendant's claim for refund or damages...

Citation
[2018] KEHC 8631 (KLR)
Parties
Plaintiff: Clifford Okello Rachuonyo t/a Rachuonyo & Rachuonyo Advocates; Defendant: Mohamed Yusuf Saroya; Plaintiff: Mohamed Yusuf Saroya; Defendant: Clifford Okello Rachuonyo t/a Rachuonyo & Rachuonyo Advocates; Defendant: Kede Enterprises Limited; Defendant: Okero S. Oyugi t/a Oyugi & Company Advocates; Defendant: Robert Otachi Kibagendi
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
25 January 2018
Case Number
Civil Suit 118 of 2018
Procedural Posture
Civil Suit / Judgment
Outcome
Both the main suit and the counterclaim are dismissed. Each party to bear their own costs.
Judges
LM Njuguna
Legal Topics
Defamation, Professional Negligence, Fraud in Land Transactions, Damages Assessment, Title Registration, Burden of Proof
Source Language
English
Tort Law Land and Property Civil Procedure Defamation Professional Negligence Fraud in Land Transactions Damages Assessment Title Registration +1 more

Case Brief

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Parties

Clifford Okello Rachuonyo t/a Rachuonyo & Rachuonyo Advocates

Plaintiff

Mohamed Yusuf Saroya

Defendant

Mohamed Yusuf Saroya

Plaintiff

Clifford Okello Rachuonyo t/a Rachuonyo & Rachuonyo Advocates

Defendant

Kede Enterprises Limited

Defendant

Okero S. Oyugi t/a Oyugi & Company Advocates

Defendant

Robert Otachi Kibagendi

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the letter dated 11th November, 2009 was defamatory of the plaintiff’s reputation.
  2. 2 Whether the Plaintiff is liable for professional negligence.
  3. 3 Whether the 2nd, 3rd and 4th Defendants acted fraudulently.

Ratio Decidendi

The court found that although the defendant's letter contained statements that were not justified, the plaintiff failed to prove publication to third parties, a necessary element for defamation. On professional negligence, the court held that the plaintiff acted in accordance with instructions and took reasonable steps to protect the defendant's interests, including demanding indemnity and verifying the title. There was no evidence of gross negligence or collusion. Allegations of fraud against the 2nd, 3rd, and 4th defendants were not substantiated, as the defendant was privy to the transaction and the title was validly registered in his name. The defendant's claim for refund or damages...

Court Disposition

Both the main suit and the counterclaim are dismissed. Each party to bear their own costs.

Orders

  • The plaintiff's claim is dismissed.
  • The defendant's counterclaim is dismissed.