Iithete v Markus [2020] NAHCNLD 99 (30 July 2020)

Iithete v Markus [2020] NAHCNLD 99 (30 July 2020)

The defendant did not identify the plaintiff in his initial complaint, acted without malice, and only laid a charge upon advice of the station commander. There was no evidence of intention to defame or that the statements were wrongful or defamatory. The plaintiff failed to prove the necessary elements of defamation on a balance of probabilities.

Citation
[2020] NAHCNLD 99
Parties
Plaintiff: Johannes Iithete; Defendant: Timoteus Markus
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
30 July 2020
Procedural Posture
Civil Action Defamation / Judgment After Trial and Application for Absolution From the Instance
Outcome
Plaintiff's claim for defamation dismissed with costs; application for absolution from the instance dismissed with costs to plaintiff.
Legal Topics
Defamation, Absolution From the Instance, Burden of Proof, Damages for Reputation, Costs
Source Language
English
Tort Law Civil Procedure Defamation Absolution From the Instance Burden of Proof Damages for Reputation Costs

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Parties

Johannes Iithete

Plaintiff

Timoteus Markus

Defendant

Procedural Posture

Civil Action Defamation / Judgment After Trial and Application for Absolution From the Instance

Legal Issues

  1. 1 Whether the defendant made a defamatory statement concerning the plaintiff
  2. 2 Whether the defendant had the intention to defame the plaintiff
  3. 3 Whether the statements made were wrongful and unlawful

Ratio Decidendi

The defendant did not identify the plaintiff in his initial complaint, acted without malice, and only laid a charge upon advice of the station commander. There was no evidence of intention to defame or that the statements were wrongful or defamatory. The plaintiff failed to prove the necessary elements of defamation on a balance of probabilities.

Court Disposition

Plaintiff's claim for defamation dismissed with costs; application for absolution from the instance dismissed with costs to plaintiff.

Orders

  • The application for absolution from the instance is dismissed; cost of suit is awarded to the Plaintiff.
  • The claim for defamation is dismissed; cost of suit is awarded to the Defendant.