Ntsamo v Letsie (CIV/T 233 of 87) [1989] LSCA 37 (13 April 1989)

Ntsamo v Letsie (CIV/T 233 of 87) [1989] LSCA 37 (13 April 1989)

The words uttered by the defendant at the funeral were defamatory per se, and in the absence of any rebuttal or justification from the defendant, malice is inferred. The plaintiff is entitled to damages, reduced to three thousand Maluti, plus costs.

Citation
[1989] LSCA 37
Parties
Plaintiff: 'Mathabang Ntsamo; Defendant: Chieftainess Pascalina Letsie
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
13 April 1989
Case Number
CIV/T 233 of 87
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Defamation, Damages
Source Language
English
Tort Law Defamation Damages

Case Brief

Summary, issues, holding and outcome

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Parties

'Mathabang Ntsamo

Plaintiff

Chieftainess Pascalina Letsie

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the words uttered by the defendant were defamatory per se against the plaintiff
  2. 2 Whether the defendant acted with malice or any lawful justification
  3. 3 Quantum of damages to be awarded

Ratio Decidendi

The words uttered by the defendant at the funeral were defamatory per se, and in the absence of any rebuttal or justification from the defendant, malice is inferred. The plaintiff is entitled to damages, reduced to three thousand Maluti, plus costs.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to pay plaintiff three thousand Maluti as damages
  • Defendant to pay costs of the suit