Nomngcongo v Mathibeli and Another (CIV/T 352 of 2010) [2011] LSHC 107 (24 February 2011)

Nomngcongo v Mathibeli and Another (CIV/T 352 of 2010) [2011] LSHC 107 (24 February 2011)

The plaintiff proved that the articles published by the defendants were defamatory, referred to him, and damaged his reputation. The delay in bringing the action was considered but did not exonerate the defendants. The quantum of damages was reduced to M180,000.00, taking into account the delay, the nature of the...

Source-derived case information.

Citation
[2011] LSHC 107
Parties
Plaintiff: Mr Justice Thamsanqa Nomngcongo; 1st Defendant: Rev. Maleka Alphonse Mathibeli; 2nd Defendant: Mazenod Printing Works
Court
High Court
Jurisdiction
Lesotho
Judgment Date
24 February 2011
Case Number
CIV/T 352 of 2010
Procedural Posture
Civil / Default Judgment After Failure to File Plea
Outcome
Judgment for the plaintiff
Legal Topics
Defamation, Damages, Freedom of Expression, Judicial Dignity
Source Language
english
Tort Media Law Defamation Damages Freedom of Expression Judicial Dignity

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Summary, issues, holding and outcome

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Parties

Mr Justice Thamsanqa Nomngcongo

Plaintiff

Rev. Maleka Alphonse Mathibeli

1st Defendant

Mazenod Printing Works

2nd Defendant

Procedural Posture

Civil / Default Judgment After Failure to File Plea

Legal Issues

  1. 1 Whether the published articles were defamatory of the plaintiff
  2. 2 Whether the delay in bringing the action affects the quantum of damages
  3. 3 What is the appropriate quantum of damages for defamation in the circumstances

Ratio Decidendi

The plaintiff proved that the articles published by the defendants were defamatory, referred to him, and damaged his reputation. The delay in bringing the action was considered but did not exonerate the defendants. The quantum of damages was reduced to M180,000.00, taking into account the delay, the nature of the defamation, and comparative awards.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment granted in favour of the plaintiff against both defendants jointly and severally in the amount of M180,000.00 with costs.