RULING OF THE COURT
The record before us shows that the applicant, in this notice of motion dated and filed on 7th May 2008, Rose Mbithe Ndetei, had divorce proceedings against her former husband. The respondent, Mathew Kyalo Mbobu, who is an advocate, was representing her husband. After the divorce proceedings, the applicant filed a suit under section 17 of the Married Women’s property Act, 1882 of England for settlement of matrimonial property. That was HCCC No. 6A of 2002 between herself, then known as Rose Mbithe Mulwa and her former husband, Professor David Musyimi Ndetei. The respondent continued to represent the applicant’s husband. The applicant, in the course of that suit wrote a letter which was published to various persons and institutions which the respondent considered defamatory of himself in his profession as a lawyer. The respondent filed H.C.C.C No. 155 of 2004 against the applicant in which he claimed in the amended plaint general and exemplary and/or aggravated damag…