default against both of these defendants. Times Newspapers Limited declined to
apologise and ultimately damages were assessed by the Deputy Registrar at K20,000,
being K10,000 compensatory and K10,000 exemplary damages. The appeal against
this assessment to the Supreme Court was dismissed. Zambia Publishing Company
Limited published a retraction and apology and settled for K10,000. At some time or
other the plaintiff also issued a writ against Mr Liyoka but no further step has been
taken.

In October, 1972, plaintiff issued a writ against the appellant in respect of the publication
on the radio and television. He had been in correspondence with the Government's
legal advisers for some considerable time before the issue of the writ but all he had
received from them

was a statement that they were taking instructions. No defence

wan issued to this writ and plaintiff obtained judgment by default.

I may interpose to say that as no defence was entered one may assume against the
appellant that no defence was possible.

The matter then went for assessment of damages before a judge and the learned judge
assessed damages at K30,000, being K10,000 compensatory and K20,000 exemplary
damages. It is this assessment which is the subject of this appeal.

In making the assessment the learned judge referred to the fact that the plaintiff had
already received K30,000. He pointed out that the damage caused by the various media
overlapped. Accepting the difficulties of assessing the damages he made an estimate
that the total compensatory damages caused by the publications by the newspapers,
the radio and the television would amount to K30,000. As the plaintiff had already
received K20,000 damages for the damage caused by the newspaper reports, he gave

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