Geingos v Hishoono (HC-MD-CIV-ACT-OTH- 538 of 2021) [2022] NAHCMD 48 (11 February 2022)

Geingos v Hishoono (HC-MD-CIV-ACT-OTH- 538 of 2021) [2022] NAHCMD 48 (11 February 2022)

The defendant published and circulated a video containing false, malicious, and defamatory statements about the plaintiff, which injured her reputation and dignity. The statements were not protected as fair comment or public interest, were made recklessly without factual basis, and aggravated by the defendant's conduct. The plaintiff is entitled to damages for aggravated defamation.

Citation
[2022] NAHCMD 48
Parties
Plaintiff: Monica Geingos (born Kalondo); Defendant: Abed Linoovene (Bishop) Hishoono
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
11 February 2022
Case Number
HC-MD-CIV-ACT-OTH- 538 of 2021
Procedural Posture
Civil Defamation (delict) / Judgment
Outcome
Plaintiff's claim granted in part
Legal Topics
Defamation, Aggravated Damages, Dignity, Reputation, Freedom of Expression
Source Language
English
Delict Constitutional Law Defamation Aggravated Damages Dignity Reputation Freedom of Expression

Case Brief

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Parties

Monica Geingos (born Kalondo)

Plaintiff

Abed Linoovene (Bishop) Hishoono

Defendant

Procedural Posture

Civil Defamation (delict) / Judgment

Legal Issues

  1. 1 Whether the defendant featured in and circulated a video containing slanderous allegations against the plaintiff
  2. 2 Whether the statements made by the defendant were true
  3. 3 Whether the statements were intended to defame and harm the plaintiff's reputation and dignity

Ratio Decidendi

The defendant published and circulated a video containing false, malicious, and defamatory statements about the plaintiff, which injured her reputation and dignity. The statements were not protected as fair comment or public interest, were made recklessly without factual basis, and aggravated by the defendant's conduct. The plaintiff is entitled to damages for aggravated defamation.

Court Disposition

Plaintiff's claim granted in part

Orders

  • Plaintiff awarded N$250,000 in damages
  • Interest at 20% per annum on N$250,000 from date of judgment to final payment