Question
Kashimani has brought a civil action against Ringtone. The facts which are common cause are that in a heated phone exchange, Ringtone had called Kashimani
Kashimani has brought a civil action against Ringtone. The facts which are common cause are that in a heated phone exchange, Ringtone had called Kashimani a failure, a wizard and a crook of the highest grade who he said he will not hesitate to de-campaign in the fourth coming election in Kwesha constituency in which Kashimani is a leading candidate on the 'Chitenge' party ticket. In fear of losing this election, Kashimani immediately went through the constituency to pre-empt Ringtone and explained the demeaning words that he had showered at him. It was not only frustrating, but also unthinkable that the people's beloved candidate was being called names by Rintone, and all the cadres advised Kashimani to sue Rington in the law of tort.
You are required to identify the tort committed herein, clearly explain its elements and state whether Kashimani is likely succeed with his action.
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