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…This appeal arises from the decision of the superior court (Omolo, J) in a defamation suit by Samson Odoyo, (the appellant) against Hon Ojwang’ K’Ombudo (the respondent).…

…Section 3 of the Defamation Act cap 36 provides:- 3.…

…Appellant’s view was that defamation was referable to him by innuendo which could have come out at the trial. This view was also rejected as the plaint itself disclosed no cause of action.…

…These averments which are presumably intended to establish the malice that actuated the alleged defamation of the appellant, it must be noted, are special facts which are not averred to have been in the knowledge of those…

…He sought against the appellants damages for unjustified invasion of his premises, loss of privacy, defamation and the return of all his goods.…

…and section 3A of the Civil Procedure Act (cap 21) on November, 10 1983, for an injunction to restrain the Law Society from impeding his progress to enrollment, damages, special and general, for having done so, and for defamation…

…In addition there was the plaintiff’s claim for damages for defamation arising from the defendant’s decision to call in the Performance Bond.…

…There had been a history of litigation between the parties involving allegations of conspiracy and defamation and one abortive petition for winding up.…