[2007] KEHC 1794 (KLR)
The court found that the Plaintiff had established a prima facie case for the grant of an interlocutory injunction, as the Defendants had not opposed the application or filed any response. The Plaintiff demonstrated ongoing injury due to the continued publication and distribution of the alleged defamatory material....
Source-derived case information.
- Citation
- [2007] KEHC 1794 (KLR)
- Parties
- Plaintiff: Joseph Konzollo Munyao; Defendant: Link Publishers Limited; Defendant: Tom Oscar Alwaka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 496 of 2007
- Procedural Posture
- Civil Case / Interlocutory Application for Injunction
- Outcome
- Application for interlocutory injunction granted as prayed.
- Legal Topics
- Defamation, Interlocutory Injunctions, Publication of Defamatory Material
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Konzollo Munyao
Plaintiff
Link Publishers Limited
Defendant
Tom Oscar Alwaka
Defendant
Procedural Posture
Civil Case / Interlocutory Application for Injunction
Legal Issues
- 1 Whether the Defendants should be restrained by injunction from publishing, distributing or offering for sale the alleged defamatory material concerning the Plaintiff.
- 2 Whether the Plaintiff has established sufficient grounds for the grant of an interlocutory injunction in an unopposed application.
Ratio Decidendi
The court found that the Plaintiff had established a prima facie case for the grant of an interlocutory injunction, as the Defendants had not opposed the application or filed any response. The Plaintiff demonstrated ongoing injury due to the continued publication and distribution of the alleged defamatory material. The court held that it was just and equitable to prevent further injury by restraining the Defendants from further publication, distribution, or sale of the material in question. The absence of opposition from the Defendants reinforced the Plaintiff's entitlement to the relief sought.
Court Disposition
Application for interlocutory injunction granted as prayed.
Orders
- The Defendants are restrained from publishing, distributing or offering for sale the contents of the No. 3 issue of the 'Weekly Citizen' publication of 18th to 24th December 2006, Volume 10 titled 'Mbooni voters now turn against Munyao' or any other defamatory matter of and concerning the Plaintiff.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 496 of 2007
JOSEPH KONZOLLO MUNYAO ………….……………….PLAINTIFF
V E R S U S
1. LINK PUBLISHERS LIMITED
2. TOM OSCAR ALWAKA ………….………..………..DEFENDANTS
R U L I N G
This is an application by the Plaintiff (by chamber summons dated 18th June, 2007) seeking the main order that the Defendants be restrained from publishing, distributing or offering for sale the contents of the No. 3 issue of the “Weekly Citizen” publication of 18th to 24th December 2006, Volume 10 titled “Mbooni voters now turn against Munyao” or any other defamatory matter of and concerning the Plaintiff. The application is brought under Order 39 rules 1, 2 and 3 of the Civil Procedure Rules (the Rules).
The grounds of the application as they appear on the face thereof are:-
(a) That the Defendants have published or caused to be published and continue to publish defamatory matters of and concerning the Plaintiff.
(b) That the Defendants have through their individual or collective agents, servants or conspirators ran copies of the article concerning the Plaintiff from the aforesaid publication and are distributing it in the Plaintiff’s constituency.
(c) That unless restrained the Defendants will continue to publish, distribute and offer for sale noxious matters of and concerning the Plaintiff.
(d) That it is just and equitable that the injunctive order sought be granted.
There is a supporting affidavit sworn by the Plaintiff.
The Defendants were duly served with the application. They did not file any papers in response; nor was there any appearance for them at the hearing of the application.
As the application is unopposed, I see no reason why I should refuse it. The Plaintiff has complained of continued injury to himself on account of repeated publication of the defamatory material forming the basis of the suit. It is just that further injury be avoided. I will therefore grant the application as sought in prayer No. 3 thereof. Costs of the application shall be in the cause. There will be orders accordingly.
DATED AT NAIROBI THIS 20TH DAY OF AUGUST, 2007
H. P.G WAWERU
J U D G E
DELIVERED THIS 24th DAY OF AUGUST, 2007