KENYA TEA DEVELOPMENT AGENCY LTD
V.
BENSON ONDIMU MASESE T/A B. O. MASESE & CO. ADVOCATES

JUDGMENT OF THE COURT

The respondent filed a suit against the appellant in the superior court at Kisumu and sought both aggravated and exemplary damages for defamation. In a judgment delivered on 28^th October 2005, the Judge (Barabara Tanui, J.) found that the appellant had indeed defamed the respondent and awarded the latter damages as follows:-

“General damages Kshs.7,000,000/=

Exemplary damages Kshs.3,000,000/=

Total Kshs.10,000,000/=

The learned Judge also awarded the respondent costs of the suit and interest. Being aggrieved by this decision the appellant appealed to this court through a Memorandum of Appeal dated 14^th day of April 2006 and lodged at the Court’s sub-Registry in Kisumu on 19^th day of April 2006. It has 9 grounds of appeal, namely that:-

1. That learned trial Judge erred in fact and in law in pronouncing judgment unprocedurally.

2. The learned trial Judge erred in law and in fact in failing to hear the appellant before pronouncing judgment.

3. The learned trial Judge erred…