Mlotsa v Mlotsa and Others (993 of 2023) [2023] SZHC 202 (3 August 2023)

Case summary

Application for default judgment in a delictual claim Plaintiff together with other two witnesses led evidence - All the essential elements of defamation -were pleaded and proved. Evidence was further led to proof that the alleged injurious statements were indeed uttered and publicized by the Defendant - the court was not persuaded that the quantum claimed is proportionate to the harm suffered by Plaintiff. Despite that the Defendant did not defend the action, it would not be in the interest of justice to grant the sum claimed in the particulars of claim. Having compared to other damages that were awarded in this jurisdiction, the court comes to the conclusion that damages in the sum of El 20 000 is appropriate

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