TECHNICAL MALICE- INSTANCE WHERE TECHNICAL MALICE WOULD ARISE  

 

JBA
 JBA
Joined: 2 months ago
Posts: 35
09/10/2019 12:56 pm  

“As held by this court, technical malice arises where malice is inferred by operation of law i.e. where it is pleaded that the words were printed and published “falsely and maliciously” and it is shown that the defamatory words were published without lawful excuse, the law presumes that the defendant is motivated by malice. In such a situation the plaintiff is 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”. See: Atoyebi Vs Odudu (1990) 6 NWLR (Pt.157) 384 @ 401 B – D.” 

 

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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