REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MANYATTA

CIVIL APPEAL NO. 85 OF 2016

NJATHI TUMU LIMITED …………………..…………….………………………….APPELLANT

-VERSUS-

KABIYET MOTIWOT ……………………..………………………….

…………….RESPONDENT

(AN APPEAL FROM A RULING OF HONARABLE OLE MATOPE CHIEF MAGISTRATE

AT THE CHIEF MAGISTRATE’S COURT OF KENYA AT MANYATTA, IN CIVIL CASE

NO. 142 OF 2016 DELIVERED ON 31ST MARCH OF 2016)

MEMORANDUM OF APPEAL

The Appellant herein NJATHI TUMU LIMITED, being dissatisfied and aggrieved

with the Judgment of HONARABLE CHIEF MAGISTRATE, OLE MATOPE made on

31ST MARCH OF 2016 finding the Appellant liable and awarding damages

amounting to Kshs. 5000,000 in Chief Magistrate’s of Kenya at Manyatta, wishes to

appeal against the entire Judgment on the following grounds:-

1.THAT the learned trial Magistrate erred in law and in fact in finding the

appellant liable in defamation when no defamation was proved.

2.THAT the learned trial Magistrate erred in holding that the

Plaintiff/Respondent had proved his case on a balance of probability.

3.THAT the learned trial Magistrate erred in law and in fact in awarding damages

which were inordinate by excessive, all circumstances considered.

4.THAT the learned trial Magistrate erred in law and in fact in failing to find that

the material alleged to be defamatory was privileged.

5.THAT the learned trial Magistrate erred in law and in fact in disregarding the

appellant’s defence.

6.THAT the learned trial Magistrate erred in finding that the allegations used in

the letter in issue had not been proved to be true, correct, fair comment and

privileged or otherwise.

REASON WHEREFORE: the Appellant prays that:-

Memo of Appeal - Lecture notes 1,3,3,

Civil law