De Costa V. Times Of Ceylon Ltd.

1959 Present : Basnayake, C.J., Pulle, J., and Sinnetamby, J.

N. W. DE COSTA, Appellant, and THE TIMES OF CEYLON, LTD.,
and another, Respondents

S. C. 325-D. C. Colombo, 38683/M

    Defamation- Publication in newspaper- Innuendo-Justification- Fair comment Animus injuriandi-Burden of proof.

In this action for defamation based on the publication in a newspaper, on five different dates, of matter which was alleged to involve certain innuendos concerning the conduct of the plaintiff before he was appointed as Principal, of an Assisted School and soon after he retired from that post

Held, by PULLE, J., and SINNETAMBY, J., (i) that, under the Roman-Dutch Law, where the words are either per se defamatory or shown to; have the defamatory meaning attributed to them in the innuendo, animus injuriandi is presumed and it is for the defendant in such a case to exonerate himself by establishing circumstances which rebut the presumption.

(ii) that justification is a defence which negatives animus injuriandi. 'In order to establish this plea, it is necessary to prove, in addition to the truth of: the facts contained in the defamatory sta

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