TORT LAW — Defamation — Defence of Malice — Requisite of Reply to Plea of Qualified Privilege
Principle Statement
In order to destroy or neutralize the defence of privilege or qualified privilege, it is incumbent on the appellant to prove malice.
Ratio Decidendi (Source)
Per Pats-Acholonu, JSC, in Iloabachie v. Iloabachie (2005) NLC-123-137-2000(SC) at p. 11; Paras A–B.
"In order to destroy or neutralize the defence of privilege or qualified privilege, it is incumbent on the appellant to prove malice."
Explanation / Scope
Once a defence of qualified privilege is established, the plaintiff must prove malice to defeat it. The principle applies to tort law and defamation. The burden shifts to the plaintiff to show improper motive.
