or agreed and considered what further amount was required to erect further
compensation to the plaintiff.

Although I myself might have arrived at a different figure from a total of K30,000 as
compensation, I cannot say that the calculation of that sum is wrong in principal and, in
finding this, I have taken into account the provisions of section 12 (2) of the Defamation
Act, which allows a defendant to put forward in mitigation the argument that the plaintiff
had brought actions for damages in respect of the same defamatory words or has
agreed to receive compensation therefore. In fact, no evidence was led on behalf of the
appellant to substantiate such mitigation.

The learned trial judge did not in his judgment take into account the possibility of the
continuation of an action against the original perpetrator of the libel, Mr Liyoka. With
regard to Mr Liyoka, although he was referred to in part of the evidence of the plaintiff,
there is no indication that the plaintiff would continue an action against Mr Liyoka having
regard to the fact that he is an impecunious ex-university student and, as the learned
Chief Justice has said, the learned trial judge probably did not consider that any
material amount of damages could be recovered from him.

I note that in his judgment, the learned trial judge, having referred to radio, television
and newspaper reports, went on to say:

"I have decided that the total compensatory sum should be fixed at K30,000 for
the dissemination of this libel throughout Zambia by the media concerned."

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