Olivier v Kostin (HC-MD-CIV-ACT-DEL- 3603 of 2019) [2022] NAHCMD 180 (8 April 2022)
The defendant proved on a balance of probability that the statements were substantially true, made in the public interest, and not actuated by malice; therefore, the publication was not unlawful and the defamation claim fails.
- Citation
- [2022] NAHCMD 180
- Parties
- Plaintiff: Sonja Olivier; Defendant: Roumiana Kostin
- Court
- High Court Main Division
- Jurisdiction
- Namibia
- Judgment Date
- 8 April 2022
- Case Number
- HC-MD-CIV-ACT-DEL- 3603 of 2019
- Procedural Posture
- Civil Action for Defamation / Judgment
- Outcome
- claim dismissed with costs
- Legal Topics
- Defamation, Qualified Privilege, Truth and Public Interest, Malice, Nepotism, Conflict of Interest
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sonja Olivier
Plaintiff
Roumiana Kostin
Defendant
Procedural Posture
Civil Action for Defamation / Judgment
Legal Issues
- 1 Whether the defendant's complaint was defamatory
- 2 Whether the statements were substantially true and in the public interest
- 3 Whether the statements were made on a privileged occasion
Ratio Decidendi
The defendant proved on a balance of probability that the statements were substantially true, made in the public interest, and not actuated by malice; therefore, the publication was not unlawful and the defamation claim fails.
Court Disposition
claim dismissed with costs
Orders
- The plaintiff’s claim is dismissed with costs, such costs to include the costs of one instructing and one instructed counsel.
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