For the appellant:

The Attorney-General, the Hon. A.M. Silungwe, S.C., with him D.M.
Zamchiya, State Advocate.

For the respondent: A.P. Annfield, Peter Cobbett - Tribe & Co.

Judgment

DOYLE, C.J.: This is an appeal by the defendant against the amount of an assessment
of damages by a High Court judge in an action taken for libel by the plaintiff against the
defendant.

The history of the matter, derived from the evidence and the published documents, is as
follows. A Mr Liyoka, who is an ex - University student aged twenty-three and who also
was an organiser for the United Progressive Party, defected from that party. He then
proceeded in the presence of a district governor named Ntabo to make to ZANA a
number of allegations against members of the UPP. These included allegations of
treason and subversion against the plaintiff who was then the president of that party. It
is these allegations which are the subject of this action. ZANA, which is a Government
news agency, issued a Press release containing the libel. This was issued to the two
daily newspapers, Times of Zambia and Daily Mail, and also to the Government
broadcasting and television services. The libels were published in both newspapers and
from the broadcasting and television stations.

The plaintiff demanded retraction and apology from all concerned. He received neither
and in July, 1972, he issued separate writs against the Zambia Publishing Company
Limited, owner of the Daily Mail and Times Newspapers Limited, owner of the Times of
Zambia. No defence was entered to these writs and the plaintiff obtained judgment in

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