ATTORNEY-GENERAL v KAPWEPWE (1974) Z.R. 207 (S.C.)

SUPREME COURT
DOYLE, C.J., BABON, D.C.J., AND GARDNER, J.S.
8TH OCTOBER, 1974
S.C.Z. JUDGMENT NO. 37 OF 1974.

Flynote

Tort - Joint tortfeasors - Right of plaintiff to sue in succession - Restriction on sums
recoverable in subsequent actions - Costs - When plaintiff entitled to after first action Plaintiff's liberty to select one defendant - Law Reform (Miscellaneous Provisions) Act,
s. 9 (1).
Tort - Joint tortfeasors - Series of actions against different defendants - Duty of court in
first case to compensate fully bearing in mind that he shall not be compensated twice Later action to take into account damages in first - Compensatory damages as if action
consolidated .
Tort - Exemplary damages - Nature of - Whether such damages can bet offset against
compensatory damages - Where Government defendant - Purpose of award.
Tort - Damages - When appellate court can interfere - Assessment against background
of local conditions.
Tort - Alteration of common law rule - Mitigation of damages - Evidence of previous
actions for damages - Defamation Act, s. 12.
Defence - Failure to enter - Assumption by court.

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