CIVIL PRACTICE – ABSOLUTION FROM THE INSTANCE DELICT – DEFAMATION – IT IS NOT AN ELEMENT OF A DELICT OF DEFAMATION THAT THE CHALLENGED STATEMENT BE FALSE

CIVIL PRACTICE – ABSOLUTION FROM THE INSTANCE

DELICT – DEFAMATION – IT IS NOT AN ELEMENT OF A DELICT OF DEFAMATION THAT THE CHALLENGED STATEMENT BE FALSE

The plaintiff instituted action against the first defendant alleging that the first defendant published statements concerning her which are defamatory. At the end of the plaintiff's case, the defendants applied for absolution from the instance. The Court dismissed the application insofar as it related to the claim of defamation (but granted certain ancillary relief), and held that, as per USIKU J:

1. Absolution from the instance may be granted if . . .
   

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