Defamation proceedings

Appellants initiated their remedy under S.9 of Defamation Ordinance, 2002, and therein also claimed relief of special damages

Trial Court directed appellants to pay ad valorem court fee for the claim of (special) damages propounded in their petition

Legality

Section 9 of Defamation Ordinance, 2002, which dealt with remedies, could be split and segregated into two parts: the first was relatable to tendering of apology and statutory damages which the court could allow, for which no court fee was payable; second part of the section however starting with the expression "and in addition thereto, any special damage incurred that is proved by the plaintiff to the satisfaction of the court", was an added right of the party, giving him a choice and option to claim special damages from the special forum or to resort to civil suit

Said remedy (of special damages) available to the person approaching the "Court" was in the nature of a civil suit and the claim shall attract the payment of ad valorem court fee under S.7(1) of the Court Fees Act, 1870

Appeal was dismissed accordingly.