Defamation Case: Mahere Attaches Gappah’s Properties
Gappah has lost household furniture - sofas, coffee tables, glass displays, stands and desks.
Defamation Case: Mahere Attaches Gappah's Properties
Lawyer and political activist, Fadzayi Mahere is taking fellow attorney and author, Pettina Gappah to the cleaners after she attached her properties for failing to pay US$18 000 for defamation.
Gappah lost a dramatic High Court defamation case after her vituperative and malicious attacks on Mahere on social media, and was ordered to pay US$18 000 in damages.
Mahere initially wanted US$1 million, but the figure was reduced to US$50 000 at trial before she was awarded US$18 000 damages.
Pettinah Gappah to Pay $18k to Fadzie Mahere
Besides losing her property, Gappah has been left facing civil imprisonment as her assets are not enough to pay the full damages cost.
This means Mahere can pursue civil imprisonment of Gappah unless she pays the balance.
A writ of attachment dated 5 November against the overseas-based Gappah – an international trade lawyer – shows she has lost household furniture (sofas, coffee tables, glass displays, stands and desks, among other things) over the ground-breaking defamation case.
Defamation Case: Mahere Attaches Gappah's Properties
However, these properties were not enough to settle the full amount of damages.
High Court Justice Joseph Mafusire ruled in August in favour of Mahere after a series of setbacks against Gappah during the explosive process.
Until the ‘last minute’ the Gappah contested both liability and quantum quite vigorously. But in the end, she admitted liability. She published some retraction and an apology but the Mahere did not accept them.
Justice Mafusire ruled that:
“In the result, the following order is hereby made:
i) The defendant shall pay the plaintiff the sum of US$18 000 [eighteen thousand United States dollars], or the equivalent thereof in local currency at the rate of exchange prevailing at the time of payment.
ii) The defendant shall pay interest on the above amount at the prescribed rate, namely 5% per annum from the date of judgment to the date of payment.
iii) The defendant shall pay the plaintiff’s costs of suit.”
Prior to the judgement, Juatice Mafusire had said Gappah needed “psychological intervention” amid her unrestrained attacks on the judge, the judiciary and Mahere after initially losing interlocutory battles on the US$1 million defamation suit filed against her.
