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Petina Gappah ordered to pay US$18,000 to Fadzayi Mahere
31 Aug 2024 at 21:22hrs | Views
The High Court of Zimbabwe has ordered writer and lawyer Petina Gappah to pay US$18,000 in damages to Nelson Chamisa ally Fadzayi Mahere following a protracted defamation lawsuit.
The case, which has been closely followed since its inception in October 2018, culminated in a written judgment issued by Justice Mafusire on 29 August 2024.
The lawsuit stemmed from defamatory statements made by Gappah, which Mahere claimed had significantly harmed her reputation. Despite initially contesting both the liability and the amount of damages sought, Gappah ultimately admitted liability shortly before the trial. However, her attempts to retract the statements and issue an apology were rejected by Mahere, leading the court to focus solely on determining the appropriate level of damages and the issue of costs.
Justice Mafusire described the legal battle as "long, arduous, and acrimonious," noting the intense legal strategies employed by both sides, who are both accomplished lawyers with strong academic and professional backgrounds. The judge emphasized that the defamatory statements were "vile and persistent," justifying the substantial damages awarded to Mahere.
In addition to the US$18,000 in damages, Gappah has been ordered to pay interest on this amount at a rate of 5% per annum from the date of judgment until the full amount is settled. She is also required to cover the legal costs incurred by Mahere throughout the case.
Justice Mafusire's ruling took into account the financial context at the time the summons was issued, clarifying that the initially higher claim amount could not be justified by the monetary regime in place during October 2018, thereby dismissing Gappah's argument regarding the inflated claim.
This ruling marks a significant moment in Zimbabwean legal history, underscoring the seriousness with which the courts are prepared to handle defamation cases, particularly those involving high-profile individuals. The case has garnered widespread attention, given the prominence of both parties in Zimbabwe's legal and political spheres.
The case, which has been closely followed since its inception in October 2018, culminated in a written judgment issued by Justice Mafusire on 29 August 2024.
The lawsuit stemmed from defamatory statements made by Gappah, which Mahere claimed had significantly harmed her reputation. Despite initially contesting both the liability and the amount of damages sought, Gappah ultimately admitted liability shortly before the trial. However, her attempts to retract the statements and issue an apology were rejected by Mahere, leading the court to focus solely on determining the appropriate level of damages and the issue of costs.
Justice Mafusire described the legal battle as "long, arduous, and acrimonious," noting the intense legal strategies employed by both sides, who are both accomplished lawyers with strong academic and professional backgrounds. The judge emphasized that the defamatory statements were "vile and persistent," justifying the substantial damages awarded to Mahere.
In addition to the US$18,000 in damages, Gappah has been ordered to pay interest on this amount at a rate of 5% per annum from the date of judgment until the full amount is settled. She is also required to cover the legal costs incurred by Mahere throughout the case.
Justice Mafusire's ruling took into account the financial context at the time the summons was issued, clarifying that the initially higher claim amount could not be justified by the monetary regime in place during October 2018, thereby dismissing Gappah's argument regarding the inflated claim.
This ruling marks a significant moment in Zimbabwean legal history, underscoring the seriousness with which the courts are prepared to handle defamation cases, particularly those involving high-profile individuals. The case has garnered widespread attention, given the prominence of both parties in Zimbabwe's legal and political spheres.
Source - zimbabwemail
