Mahere and Gappah’s legal battle over the years
The defamation suit arose from statements made by Gappah that, according to Mahere, severely damaged her professional reputation. Although Gappah initially disputed both the liability and the damages claimed, she eventually conceded liability shortly before the trial commenced.
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However, Mahere rejected Gappah’s attempts to retract the statements and offer an apology, prompting the court to concentrate on the appropriate compensation and legal costs.
High Court’s ruling in the defamation case
Justice Mafusire characterized the legal battle as prolonged, contentious, and bitter. He highlights the rigorous legal tactics employed by both parties, who are highly accomplished in the legal profession. The judge noted that the defamatory comments were “malicious and sustained,” which warranted the substantial damages awarded to Mahere.
Beyond the US$18,000 in damages, Petina Gappah has been ordered to pay an annual interest of 5% on the amount from the date of the judgment until the full payment is made. Additionally, Gappah is responsible for covering Mahere’s legal expenses during the litigation.
Justice Mafusire’s decision also considered the economic conditions when the lawsuit was filed, rejecting Gappah’s argument that the initial higher claim was unjustified based on the monetary policies in effect in October 2018.