ACTION FOR DEFAMATION – PURPORT OF AN ACTION FOR DEFAMATION AND A DEFENCE OF QUALIFIED PRIVILEGE  

 

JBA
 JBA
Joined: 2 months ago
Posts: 35
09/10/2019 12:40 pm  

“It is necessary to state briefly what an action for defamation and a defence of qualified privilege entails. This was explained quite lucidly by this court in the case of: Chief S.B. Bakare & Anon Vs Alhaji Ado Ibrahim (1973)  6 SC 147 @ 152 – 153 thus:

“In an action for defamation it is usual to allege in the statement of claim that the words were printed and published “falsely and maliciously” If the publication is shown to be false, malice is inferred by operation of law; it is enough to show that the words complained of, are completely false. … Where defamatory words are published without lawful excuse, the law conclusively presumes that the defendant is motivated by what is often described as malice in law; accordingly the plaintiff is usually not required to give particulars of the facts on which he seeks to rely in support of the allegation that the words were published “maliciously” …

It should always be borne in mind that, once the plea of fair comment or qualified privilege is made out, … the Inference of malice Is rebutted and the burden is thrown upon the plaintiff of showing and proving ‘express malice’ against the defendants. This is generally known as “malice in fact, “and to be able to discharge the onus at the trial it is important that the plaintiff should deliver a reply, alleging express malice and giving particulars of the facts from which such malice is to be inferred.” 

 

PER K. M. O KEKERE-EKUN, J.S.C in Mainstreet Bank Ltd 7 Anor v. Dominic Binna (2016) Appeal No: SC.148/2010 https://legalpediaonline.com/mainstreet-bank-ltd-7-anor-v-dominic-binna/

 

 


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