Nkambule v Civil Service Commission And Others (72 of 2021) [2022] SZSC 35 (25 August 2022)

Case summary

Civil Procedure: - Exception to particulars of claim raised on the basis that not all the necessary averments to sustain a claim for defamation were alleged - The High Court upheld the exception mainly on the basis that vicarious liability on the part of First, Second, Fourth and Fifth Respondents had not been established; Rule 23 (1) of the High Court rules as a basis and for an exception considered; and the law relating to exception and its Application considered - Held that the High Court misdirected itself is not confining itself to the issues raised in the exception but instead veered off to consider vicarious liability- Held that even if the High Court were to be found to have been right to consider vicarious liability, it misdirected itself not to  pronounce  itself on the  liability of the Third Respondent at the very least-Held that the High Court misdirected itself on the principles governing exceptions and their application to the present case - Held that the Appeal is upheld with costs and; Held further that the matter is referred for  trial at the High Court before a different Judge.

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