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MANYANGE v MPOFU & ORS 2011 (2) ZLR 87 (H)

2011 (2) ZLR p87

Citation

2011 (2) ZLR 87 (H)

Case No

Judgment No. HH-162-11

Court

High Court, Harare

Judge

Patel J

Heard

1 September 2010; 2 November 2010; 18 January 2011; 15 March 2011; CAV

Judgment

6 September 2011

Counsel

H Zhou, for the plaintiff
F Mutamangira, for the first defendant
C Muringi, for the second and third defendants

Case Type

Civil trial

Annotations

Link to case annotations

Flynote

Defamation – damages – factors to be taken into account – purpose of award of damages

Defamation – defences – fair comment – principles – what must be shown – need for statement to be a comment – facts on which comment based must be true – comment must be on a matter of public interest

Defamation – defences – truth and public interest – what must be shown – material allegation must be true – relevance of other matters of public interest arising in same matter

Defamation – plaintiff – reference to – defamatory statement not identifying plaintiff – subsequent publication of a statement disclosing plaintiff's identity and linking him with previous defamatory statement – plaintiff entitled to base action on earlier statement

Practice and procedure – absolution from the instance – principles – quantum of proof that must have been shown – preference for allowing case to proceed

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