Eston Mwaipopo v. Simithy Manyafu, (PC) Civ. App. 200-D-68, 19/6/69, Duff J.

Eston Mwaipopo v. Simithy Manyafu, (PC) Civ. App. 200-D-68, 19/6/69, Duff J.

The appellant claimed damages of Shs. 400/-, alleging that the respondent had slandered him and injured his reputation. The evidence in this respect was that the respondent had questioned some witnesses about rumours he had heard concerning the appellant’s having seduced a woman, in consequence of which she had become pregnant. The plaintiff adduced no evidence to show what loss, if any, was sustained by him. The plaintiff’s claim was dismissed in both the Primary and the District Courts.

Held: “An aspersion on a person’s moral behaviour is one of the commonest forms of slander but it is not actionable per se unless the imputation it self is connected with the person’s occupation or enjoyment. To charge a person falsely with adultery or immorality is not actionable without proof of special damage or actual temporal loss. Mere injury to the feelings of the defamed person does not constitute special damage. The appellant upon hearing what had been said by the respondent claimed that he was upset as a result but this fact would not of itself constitute special damage …… in dismissing the claim the Primary Court Magistrate held inter alia that there had been no publication to the appellant and while it is not clear that he mean by this it must be accepted that an action for slander cannot be maintained unless there is publication to some person other than the person slandered. Aside from this it appears to me that the respondent was not defaming the appellant

in any way and at the most he was merely enquiring as to the veracity or otherwise of the rumour involving the appellant which was circulating, the query being raised in the course of a general conversation which local topics were being discussed.”