MUNYAI v CHIKASHA 1992 (2) ZLR 31 (S)

Flynote

Delict — defamation — exact defamatory words do not have to be pleaded or proved — sufficient to plead and prove substance and effect of defamatory statement

Headnote

In the declaration in a defamation action the exact defamatory words allegedly uttered had been quoted and no attempt had been made to qualify this averment in any way by the use of a phrase such as "or words to that effect." In an appeal against the dismissal of claim for defamation it was argued by the respondent that the appellant had to prove the very words which he alleged had been uttered had been actually uttered and it was insufficient for him to prove that substantially similar words were uttered.

Held, that, although it would have been advisable for the phrase "or words to that effect" to have been added, the failure to do so did not render the appellant's case fatally defective. It would be wrong to oblige the claimant to have to prove the exact words pleaded as a witness can often only recollect the substance and effect of the words uttered and not the exact words and the versions of two or more witnesses may differ in detail but not in relation to the substance and effect of the words.