- J5 P168
allegedly holding clandestine meetings with other people whose
names included the plaintiff. He observed that it was the plaintiff’s
3rd witness, Hon. Sonkotwe, who gave the charge letter to both
respondents, with the intended motive for both respondents to
inform the general public by publishing the same in their respective
newspapers, in fulfilment of their duty to do so. He added that the
question of whether the contents in the charge letter were true or
not was neither here or there. That the newspaper articles were
simply to inform the reading public about the fact that the
appellant’s 3rd witness was charged with disciplinary charges by
the M.M.D and the details of the charges levelled against him.
As regards the 2nd respondent, the learned trial Judge further
held that the appellant was stopped from suing the 2nd respondent
after asking the 2nd respondent to apologise, which the 2nd
defendant did, but without demanding also payment of damages by
way of amends.
As per amended memorandum of appeal, there are three
grounds of appeal.
The 1st ground is that the trial Court misdirected itself in law
and in fact when it held that the 1st and 2nd respondents have a
duty to inform the public on matters of public interest then they
had a duty to make a full disclosure without due regard to the
veracity and possible subsequent injury to third parties.

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