- Molotlegi and Another v Mokwalase0.48 MB
Summary: Defamation - action for damages for defamation based on an innuendo - separation of issues in terms of rule 33(4) - trial court decided that the words are defamatory per se without reference to the innuendo - misdirection justifying the setting aside of its order - matter referred back to the court below for trial.
Order:
On appeal from: North West High Court, Mafikeng (Mogoeng JP sitting as court of first instance):
1. The appeal is allowed to this extent:
(a) The order of the court below is set aside.
(b) The appellants are ordered to pay the costs of the hearing of the issues which were separated in terms of rule 33(4), jointly and severally.
2. The matter is referred back to the court below for trial.
3. The appellants are ordered to pay the costs of appeal jointly and severally.
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