De Wet v Klein (Special Plea Judgment ; Absolution from Instance) (HC-MD-CIV-ACT-DEL- 2754 of 2019) [2021] NAHCMD 72 (25 February 2021)

The plaintiff failed to adduce evidence proving that the defendant published the alleged defamatory statement beyond the board members, thus failing to establish a prima facie case for defamation.

Citation: [2021] NAHCMD 72
Parties: Plaintiff: Gerhard De Wet; Defendant: Alexander Werner Klein
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 25 February 2021
Case Number: HC-MD-CIV-ACT-DEL- 2754 of 2019
Procedural Posture: Civil Delict (defamation) / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome: absolution from the instance granted with costs
Legal Topics: Defamation, Absolution From the Instance, Publication Requirement
Source Language: English

Tort Law Civil Procedure Defamation Absolution From the Instance Publication Requirement

Case Brief

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Parties

Gerhard De Wet

Plaintiff

Alexander Werner Klein

Defendant

Procedural Posture

Civil Delict (defamation) / Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

1 Whether the plaintiff proved publication of the alleged defamatory statement beyond the board members
2 Whether the plaintiff established a prima facie case for defamation

Ratio Decidendi

The plaintiff failed to adduce evidence proving that the defendant published the alleged defamatory statement beyond the board members, thus failing to establish a prima facie case for defamation.

Court Disposition

absolution from the instance granted with costs

Orders

The application for absolution from the instance is granted with costs.