Marais v Haulyondjaba (407 of 1993) [1993] NAHC 1 (29 April 1993)

Marais v Haulyondjaba (407 of 1993) [1993] NAHC 1 (29 April 1993)

The defendant's letter was defamatory and injurious, published without lawful justification or privilege, and actuated by malice. The plaintiff is entitled to damages for defamation and injuria.

Citation
[1993] NAHC 1
Parties
Plaintiff: Charl Johan Marais; Defendant: E E Haulyondjaba
Court
High Court
Jurisdiction
Namibia
Judgment Date
29 April 1993
Case Number
407 of 1993
Procedural Posture
Civil / Default Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Defamation, Injuria, Damages, Qualified Privilege
Source Language
English
Tort Law Defamation Injuria Damages Qualified Privilege

Case Brief

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Parties

Charl Johan Marais

Plaintiff

E E Haulyondjaba

Defendant

Procedural Posture

Civil / Default Judgment

Legal Issues

  1. 1 Whether the defendant's letter was defamatory and injurious to the plaintiff
  2. 2 Whether the publication was protected by qualified privilege
  3. 3 Quantum of damages for defamation and injuria

Ratio Decidendi

The defendant's letter was defamatory and injurious, published without lawful justification or privilege, and actuated by malice. The plaintiff is entitled to damages for defamation and injuria.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay R5,000.00 to the plaintiff
  • Defendant to pay interest at 20% per annum from 29/4/1993 to date of payment