- J4 P167
defamatory meaning the appellant had attached to the words
complained of, as per paragraph 8 of the statement of claim. That
paragraph reads:
“8

In their natural and ordinary meaning the words complained of in
paragraphs 5 to 7 above meant or were understood to mean that the
Plaintiff is an ingenious, surreptiuos and deceitful fellow with
clandestine overtures.”

The 2nd respondent pleaded three defences.

The 1st was

justification that the words complained of: “are true in substance
and fact”.

This defence was pleaded in summary form.

No

particulars were given, as required by rules of pleading in this area.
The 2nd defence was estopel that the appellant gave the 2nd
respondent: “the impression that if an apology was tendered
the matter would end there.”
The 3rd defence is denial. That the words complained of are
not defamatory.
After evaluating the evidence, the

learned trial Judge

dismissed the claim as against both respondents. He held that the
respondents published the words complained of in execution of
their duty to inform the public on matters of public interest. He
found that it was a matter of public interest that Hon. Sonkotwe,
P.W.3, had been charged by his then political party, the M.M.D, for

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