judgment for K10,000 compensatory damages, being the balance of what he
considered to be the total compensatory damage caused. He considered that in the
circumstances this sum would not be adequate to mark the disgraceful behaviour of the
defendant and he also awarded a sum of K20,000 exemplary damages, giving judgment
for a total of K30,000.

The appellant appeals on the following grounds-

1.

The learned trial judge misdirected himself in law and in fact in awarding K10,000

compensatory damages and K20,000 exemplary damages in that the said award is
excessive for the following reasons:

(a)

The respondent had already been awarded a total sum of K20,000 by this

honourable court against the Times Newspapers Zambia Limited for the same libels as
those upon which this action was founded; and
(b)

The respondent had already received a sum of K10,000 compensation

from the Daily Mail for the same libels as those upon which this action was founded.

2.

The learned trial judge misdirected himself in law and in fact in that he failed to

take full or adequate or sufficient account of the fact that the respondent had already
recovered a total sum of K30,000 for the same libels as those upon which this action
was founded.
3.

The learned trial judge erred in law and in fact in that he failed to consider or give

full or sufficient or adequate consideration to the provisions of section 15 of the
Defamation Act, Cap. 70 of the Laws of Zambia, and to take into account the fact that
the respondent sued the various defendants, including the appellant, at different times,

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