Talma v Henriette (CS 338/1996) [1999] SCSC 12 (28 October 1999)

Talma v Henriette (CS 338/1996) [1999] SCSC 12 (28 October 1999)

The plaintiff failed to prove publication of the alleged defamatory words to a third party and did not establish special damages resulting from the alleged defamation. The action was not maintainable by the husband alone for defamation of his wife under English law.

Citation
[1999] SCSC 12
Parties
Plaintiff: Talma; Defendant: Henriette
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 October 1999
Case Number
CS 338/1996
Procedural Posture
Civil / Judgment
Outcome
action dismissed with costs
Legal Topics
Slander, Publication, Special Damages, Defamation of Spouse
Source Language
English
Tort Defamation Slander Publication Special Damages Defamation of Spouse

Case Brief

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Parties

Talma

Plaintiff

Henriette

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant uttered defamatory words about the plaintiff and his wife
  2. 2 Whether there was publication to a third party
  3. 3 Whether the plaintiff suffered special damages as a result of the alleged defamation

Ratio Decidendi

The plaintiff failed to prove publication of the alleged defamatory words to a third party and did not establish special damages resulting from the alleged defamation. The action was not maintainable by the husband alone for defamation of his wife under English law.

Court Disposition

action dismissed with costs

Orders

  • Plaintiff's action dismissed with costs