Nangolo v Jacob (HC-NLD-CIV-ACT-DEL 103 of 2020) [2021] NAHCNLD 40 (26 April 2021)

Nangolo v Jacob (HC-NLD-CIV-ACT-DEL 103 of 2020) [2021] NAHCNLD 40 (26 April 2021)

The plaintiff established on a balance of probabilities that the defendant published defamatory statements concerning him, which were wrongful and intentional, resulting in injury to his reputation and business. The statements were made to third parties, and the test for defamation is objective. The plaintiff is entitled to damages, but the claimed amount was excessive; N$15,000 is fair and reasonable.

Citation
[2021] NAHCNLD 40
Parties
Plaintiff: Abraham Nangolo; Defendant: Naftal Jacob
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
26 April 2021
Case Number
HC-NLD-CIV-ACT-DEL 103 of 2020
Procedural Posture
Civil Delict (defamation) / Default Judgment
Outcome
Plaintiff's claim for damages partially allowed; default judgment entered against defendant.
Legal Topics
Defamation, Damages, Publication, Reputation
Source Language
English
Delict Defamation Damages Publication Reputation

Case Brief

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Parties

Abraham Nangolo

Plaintiff

Naftal Jacob

Defendant

Procedural Posture

Civil Delict (defamation) / Default Judgment

Legal Issues

  1. 1 Whether the defendant published defamatory statements concerning the plaintiff
  2. 2 Whether the statements were wrongful and intentional
  3. 3 Whether the plaintiff suffered damages as a result of the statements

Ratio Decidendi

The plaintiff established on a balance of probabilities that the defendant published defamatory statements concerning him, which were wrongful and intentional, resulting in injury to his reputation and business. The statements were made to third parties, and the test for defamation is objective. The plaintiff is entitled to damages, but the claimed amount was excessive; N$15,000 is fair and reasonable.

Court Disposition

Plaintiff's claim for damages partially allowed; default judgment entered against defendant.

Orders

  • The defendant must pay the plaintiff damages of N$15,000.
  • Interest at the rate of 20% from date of judgment to date of final payment.