compensatory damages had already been awarded he could award the balance of K10,000 compensatory damages in this action. It does not seem to me that in principle the learned trial judge erred. I do not consider that the amount of K20,000 given as exemplary damages can be set off against any compensatory damages awarded. Exemplary damages are not given as compensation but are punitive and the result is a gratuitous gain to the plaintiff outside his proper compensation. To offset such sums against compensatory damages would in my view lead to anomalies. For example, let me take the case where separate actions have been brought against each of two person who have published similar defamatory statements which have equally contributed to compensatory damages amounting to K2,000, but only one of the defendants had behaved in such a manner as to merit an awarded of K5,000 exemplary damages. If the exemplary damages were awarded in the first of such actions, the judgment would be for K6,000 being K5,000 exemplary and K1,000 compensatory damages, having taken into account the fact that a further K1,000 compensatory damagewould be received in the second action. That sum being in excess of the actual damages suffered the second defendant would have to pay nothing despite the fact that compensatory damages were awarded on the basis he would have to pay half. If the actions were dealt with in reverse order, the result would be different. Consolidation of the actions would involve the judge in a circular exercise which would be almost insoluble. The first ground of appeal is that the damages are excessive. Two reasons are given for this in the grounds of appeal, but in fact the first ground also was argued outside this reason on the general allegation of excessive damages. Had I been the trial judge, I doubt if I would have assessed the total of compensatory damages at as high an amount off K30,000. I think that I would have given some less sum. The matter has, however, already been before the Supreme Court in Times Newspapers