In Re: Kashita (S.C.Z. Judgment 27 of 1982) [1982] ZMSC 18 (23 September 1982)

In Re: Kashita (S.C.Z. Judgment 27 of 1982) [1982] ZMSC 18 (23 September 1982)

The Deputy Registrar misapprehended the facts and misdirected himself regarding the evidence; the article was a correct version of the conversation and the defendant merely repeated what was said by another. The award of K10,000 was excessive given the mitigating factors, and K6,000 is adequate compensation.

Citation
[1982] ZMSC 18
Parties
Respondent/plaintiff: Alias Andrew Kashita; Appellant/defendant: Zambia Publishing Company Ltd
Court
Supreme Court of Zambia
Jurisdiction
Zambia
Judgment Date
23 September 1982
Case Number
S.C.Z. Judgment 27 of 1982
Procedural Posture
Civil Appeal / Appeal Against Assessment of Damages for Libel
Outcome
Appeal allowed; damages reduced
Legal Topics
Defamation, Assessment of Damages, Mitigation of Damages, Appellate Review
Source Language
English
Civil Procedure Tort Law Defamation Assessment of Damages Mitigation of Damages Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Alias Andrew Kashita

Respondent/plaintiff

Zambia Publishing Company Ltd

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal Against Assessment of Damages for Libel

Legal Issues

  1. 1 Whether the award of K10,000 damages for libel was excessive and out of proportion to the gravity of the defamation and mitigating circumstances
  2. 2 Whether the appellate court should interfere with the assessment of damages by the lower court

Ratio Decidendi

The Deputy Registrar misapprehended the facts and misdirected himself regarding the evidence; the article was a correct version of the conversation and the defendant merely repeated what was said by another. The award of K10,000 was excessive given the mitigating factors, and K6,000 is adequate compensation.

Court Disposition

Appeal allowed; damages reduced

Orders

  • Award of K10,000 set aside and replaced with K6,000
  • Defendant awarded costs in the appellate court