[2006]DLCA6235 • January 16, 2006 • Court of Appeal
MASAI DEVELOPERS & ORS vs. MULTIMEDIA BROADCASTING & ORS
HEWARD-MILLS J. This is an appeal by the Defendant/Appellants (hereinafter called the defendants) against 6 rulings made by the trial judge during the cross examination of the second plaintiff who together with others has instituted an action for defamation against the defendant/appellants. The defamatory words were set out in schedule A, schedule B and in paragraph 19 of the statement of claim. The statements were said to have been made during broadcast on various dates and also published on a website belonging to the first defendant. The statements were produced in court on tapes together with transcripts provided by the plaintiffs. This appeal, being interlocutory, it is obligatory on the court to deal with the substantive issues yet at the same time avoid any pronouncements that might unnecessarily prejudice the remaining trial, to this end this judgment will merely seek to highlight only the areas of the proceedings which are essential to the final verdict herein. Precedin...