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DELICT – UNDEFENDED DEFAMATION CLAIM – PLAINTIFF STILL BEARS ONUS TO PROVE DEFAMATION; DAMAGES – AMOUNT CLAIMED MUST BE JUSTIFIED IN THE CIRCUMSTANCES

The Plaintiff is the owner of a school in the north where the defendant was employed. The plaintiff sued the defendant payment in the amount of N$150 000.00,  for alleged defamatory statements made by the defendant that she was a thief, fraudster and or a criminal. The defendant did not defend the matter and the plaintiff applied for default judgment.

MUNSU AJ considered the evidence and the law and held that:

  1. The plaintiff must . . .

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