Hausiku v Democratic Media Holdings (Pty) Ltd and Others (1817 of 2009) [2012] NAHC 110 (25 April 2012)

Hausiku v Democratic Media Holdings (Pty) Ltd and Others (1817 of 2009) [2012] NAHC 110 (25 April 2012)

The words complained of, in the context of the article, are incapable of bearing the defamatory meanings alleged by the plaintiff. The particulars of claim do not disclose a cause of action as the words do not lower the plaintiff in the estimation of right-thinking members of society. The excipients have discharged...

Source-derived case information.

Citation
[2012] NAHC 110
Parties
Plaintiff/respondent: Toini Hausiku; 1st Defendant: Democratic Media Holdings (Pty) Ltd; 2nd Defendant: Chris Jacobie; 3rd Defendant: Newsprint Namibia (Pty) Ltd; 4th Defendant: Estelle de Bruyn; 5th Defendant: Herbert Shikongo Shixwameni; 6th Defendant/1st Excipient: Free Press of Namibia (Pty) Ltd; 7th Defendant/2nd Excipient: Gwen Lister; 8th Defendant/3rd Excipient: Brigitte Weilich
Court
High Court
Jurisdiction
Namibia
Judgment Date
25 April 2012
Case Number
1817 of 2009
Procedural Posture
Civil Defamation / Ruling on Exception to Particulars of Claim
Outcome
Exception upheld with costs
Legal Topics
Exception to Particulars of Claim, Defamatory Meaning, Pleadings, Onus on Excipient
Source Language
english
Defamation Civil Procedure Exception to Particulars of Claim Defamatory Meaning Pleadings Onus on Excipient

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Parties

Toini Hausiku

Plaintiff/respondent

Democratic Media Holdings (Pty) Ltd

1st Defendant

Chris Jacobie

2nd Defendant

Newsprint Namibia (Pty) Ltd

3rd Defendant

Estelle de Bruyn

4th Defendant

Herbert Shikongo Shixwameni

5th Defendant

Free Press of Namibia (Pty) Ltd

6th Defendant/1st Excipient

Gwen Lister

7th Defendant/2nd Excipient

Brigitte Weilich

8th Defendant/3rd Excipient

Procedural Posture

Civil Defamation / Ruling on Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the words complained of are reasonably capable of bearing a defamatory meaning as pleaded
  2. 2 Whether the particulars of claim disclose a cause of action

Ratio Decidendi

The words complained of, in the context of the article, are incapable of bearing the defamatory meanings alleged by the plaintiff. The particulars of claim do not disclose a cause of action as the words do not lower the plaintiff in the estimation of right-thinking members of society. The excipients have discharged the onus to show that on all possible meanings, no cause of action is disclosed.

Court Disposition

Exception upheld with costs

Orders

  • The first exception raised by the sixth, seventh and eighth defendants is upheld with costs, including the costs of taking the third exception.
  • Plaintiff to pay the costs of the sixth, seventh and eighth defendants limited to costs incurred in preparation and filing of the third exception.