The High Court allowed a civil appeal in a defamation matter, holding that the respondent had not pleaded the specific defamatory words or proved publication to a third party.
The trial court's omission to record assessors' qualifications was not fatal; the court had pecuniary jurisdiction based on the pleaded claim; the publication was defamatory in its plain and ordinary meaning; the respondent suffered damages; the trial judge obtained and considered assessors' opinions; however, the trial judge erred by considering inflation, which was not pleaded or evidenced, in assessing damages. The award was reduced to the amount pleaded and proved.
Since the alleged defamatory statements were not published through media, the Media Services Act and its Rules do not apply, and the suit was properly filed by plaint. The omission by the plaintiff to sign the plaint is not fatal as the verification clause was signed and the defect is curable by amendment under the overriding objective principle.
The High Court found online video content defamatory, false, malicious, and unprivileged, and awarded the petitioner damages, apology, retraction, and injunction.
The Respondents published false and unsubstantiated statements about the Petitioner, which were defamatory, intentional, malicious, and not justified or privileged. The Respondents failed to provide evidence supporting the truth of their allegations or to offer the Petitioner a right of reply. The publications caused significant harm to the Petitioner's reputation and emotional well-being, warranting substantial compensatory and general damages, an apology, and an injunction against further defamatory publications.
The High Court allowed a bank’s appeal in a defamation dispute, finding the evidence did not prove who published the alleged defamatory words on the respondent’s wall.
The Court of Appeal dismissed a libel appeal, holding that the appellant failed to plead and prove the exact defamatory words and did not discharge the burden of proof.
The Court finds that the requested provisional measures overlap with the merits and decides to consider them together to avoid prejudging the merits and expedite determination.