Lottering v Adonis (CA 18/2007) [2008] ZANWHC 38 (2 October 2008)

Lottering v Adonis (CA 18/2007) [2008] ZANWHC 38 (2 October 2008)

The court found that the appellant did utter defamatory words about the respondent, but the degree of defamation and the extent of publication were limited. The Magistrate's credibility findings were upheld, but the quantum of damages was reassessed in light of the actual words spoken, the limited audience, and the emotional context. The court concluded that R5,000 was adequate compensation for the harm suffered, rather than the R50,000 originally awarded.

Citation
[2008] ZANWHC 38
Parties
Appellant: Olga Lottering; Respondent: John Abraham Adonis
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
2 October 2008
Case Number
CA 18/2007
Procedural Posture
Civil Appeal / Appeal Against Magistrate's Court Judgment
Outcome
Appeal succeeds in part; quantum of damages reduced.
Judges
A A Landman, M T R Mogoeng
Legal Topics
Defamation, Quantum of Damages, Credibility Assessment
Delict Defamation Quantum of Damages Credibility Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Olga Lottering

Appellant

John Abraham Adonis

Respondent

Procedural Posture

Civil Appeal / Appeal Against Magistrate's Court Judgment

Legal Issues

  1. 1 Whether the appellant defamed the respondent by uttering certain words.
  2. 2 Whether the quantum of damages awarded by the Magistrate was appropriate.

Ratio Decidendi

The court found that the appellant did utter defamatory words about the respondent, but the degree of defamation and the extent of publication were limited. The Magistrate's credibility findings were upheld, but the quantum of damages was reassessed in light of the actual words spoken, the limited audience, and the emotional context. The court concluded that R5,000 was adequate compensation for the harm suffered, rather than the R50,000 originally awarded.

Court Disposition

Appeal succeeds in part; quantum of damages reduced.

Orders

  • The appeal succeeds to the extent that the amount of quantum is reduced.
  • The order of the Magistrate is amended by substituting 'Eis van R5 000 (Vyf Duisend Rand) toegestaan' for the words 'EIS TOESTAAN SOOS WAT DIT GEëIS IS'.