Motlamelle v Metcash (Pty) Ltd (Maputsoe) (CIV/T 441 of 2009) [2012] LSHC 20 (11 June 2012)

Motlamelle v Metcash (Pty) Ltd (Maputsoe) (CIV/T 441 of 2009) [2012] LSHC 20 (11 June 2012)

The defendant, through its management, intentionally published defamatory statements labeling the plaintiff as a thief, despite evidence to the contrary, thereby impairing the plaintiff's reputation. Defendant failed to appear, justifying default judgment and damages.

Citation
[2012] LSHC 20
Parties
Plaintiff: Basi Motlamele; Defendant: Metcash (Pty) Ltd (Maputsoe)
Court
High Court
Jurisdiction
Lesotho
Judgment Date
11 June 2012
Case Number
CIV/T 441 of 2009
Procedural Posture
Civil / Judgment by Default
Outcome
Default judgment for plaintiff
Legal Topics
Defamation, Damages, Default Judgment
Source Language
English
Tort Law Defamation Damages Default Judgment

Case Brief

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Parties

Basi Motlamele

Plaintiff

Metcash (Pty) Ltd (Maputsoe)

Defendant

Procedural Posture

Civil / Judgment by Default

Legal Issues

  1. 1 Whether the statements made by defendant's management constituted defamation against the plaintiff
  2. 2 Quantum of damages for defamation

Ratio Decidendi

The defendant, through its management, intentionally published defamatory statements labeling the plaintiff as a thief, despite evidence to the contrary, thereby impairing the plaintiff's reputation. Defendant failed to appear, justifying default judgment and damages.

Court Disposition

Default judgment for plaintiff

Orders

  • Defendant to pay plaintiff M80,000.00 in damages
  • Defendant to pay costs