In the instant case, it is not disputed that, the Newspaper (Exhibit P3) were published which indicates that, the same were read in the whole country and even outside this country. As to whether the same were made intentionally and maliciously, in the book of; The Law of Defamation and Malicious Prosecution, 4th Edition of 2001 at Pg 137 as referred by the Petitioner’s Advocate; the Author stated that: “In the law of defamation, the law presumes malice in this sense, from the mere act of the defendant in publishing defamatory matter.” More to that, the act is said to be defamatory where a person can foresee the natural consequences of his own act. As it has been stated above, the statements were false, I also find that the publications were made intentionally. The reason for my finding can be drawn from the Headline itself where it is written that “WHY JPM DISSOLVED NHC BOARD, SACKED MCHECHU”. The word sacked is among the arguable term in this case. While the Petitioner claims that, when the statement was published, he was still an employee of NHC and he has never been sacked, the Respondents also admit that although, they averred that the word “Sacked” is a journalist jargon or slang, they meant termination from his position. I distant myself from the Respondents’ argument that, the word Sacked is Jargon or 22

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