ADVOKS GLOBAL · KENYA
Defamation Act
17. Consolidation of actions
Edition: 1992-10-23 · In force
17. Consolidation of actions
(1)The court or a judge may, upon the application by or on behalf of two or more defendants in actions in respect of the same, or substantially the same, defamatory statement brought by the same plaintiff, make an order for the consolidation of such actions.(2)After the making of an order under subsection (1) of this section, and before the trial of the consolidated actions, the defendants in any new actions instituted in respect of the same, or substantially the same, defamatory statement and brought by the plaintiff in the consolidated actions, shall be entitled to be joined in a common action upon a joint application being made by such new defendants and the defendants in the actions already consolidated.(3)In a consolidated action under this section, the court shall assess the whole amount of damages (if any) in one sum, but a separate verdict shall be given for or against each defendant in the same way as if the actions consolidated had been tried separately, and if the court gives a verdict against more than one of the defendants it shall proceed to apportion the amount of damages so assessed between such defendants, and if costs are awarded to the plaintiff the court shall thereupon make such order as may seem just for the apportionment of such costs between such defendants.(4)For the purposes of this section, “defamatory statement” means libel, slander, slander of title, slander of goods and other malicious falsehoods.