[2020] KEHC 9158 (KLR)

[2020] KEHC 9158 (KLR)

The court found that the Plaintiff failed to plead innuendo and its particulars, which was necessary since the alleged defamatory meaning was not expressly stated in the article. The article did not use the words claimed by the Plaintiff nor did it expressly link him to the job scam. The Plaintiff admitted that the...

Source-derived case information.

Citation
[2020] KEHC 9158 (KLR)
Parties
Plaintiff: Eric Otieno Ogada; Defendant: The Standard Group Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
15 January 2020
Case Number
Civil Case 244 of 2016
Procedural Posture
Civil Case / Judgment
Outcome
Plaintiff's suit dismissed with costs to the Defendant.
Judges
JK Sergon
Legal Topics
Defamation, Libel, Burden of Proof, Pleading Innuendo
Source Language
english
Tort Law Defamation Libel Burden of Proof Pleading Innuendo

Source-derived case record

Summary, issues, holding and outcome

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Parties

Eric Otieno Ogada

Plaintiff

The Standard Group Ltd

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the article published by the Defendant was defamatory of the Plaintiff.
  2. 2 Whether the Plaintiff is entitled to the reliefs sought including damages, injunction, and costs.

Ratio Decidendi

The court found that the Plaintiff failed to plead innuendo and its particulars, which was necessary since the alleged defamatory meaning was not expressly stated in the article. The article did not use the words claimed by the Plaintiff nor did it expressly link him to the job scam. The Plaintiff admitted that the words 'fraudster' and 'con artist' were not used in reference to him. The court held that a plain reading of the article did not show that the Plaintiff was defamed. Consequently, the Plaintiff failed to discharge the burden of proof required to establish the tort of libel. As a result, the suit was dismissed for lack of merit, and the Plaintiff was not entitled to the reliefs...

Court Disposition

Plaintiff's suit dismissed with costs to the Defendant.

Orders

  • The Plaintiff's suit is dismissed for lack of merit.
  • Costs are awarded to the Defendant.