[1] This is an appeal by the appellant against the decision of the Court of Appeal dated 20 September 2012 which allowed the respondent's appeal. Leave to appeal was granted by this Court on 18 June 2013 and 29 July 2015 on the following four questions of law:

(i) Whether a person on an occasion of privilege as between himself and some other person, makes some defamatory statement affecting a third person who has nothing to do with the privilege occasion, that third person would have a right of action against that person making the defamatory statement?

(ii) Whether the defence of qualified privilege which apply to a defamatory statement made on an occasion of privilege applies to a republication thereof to a third party?

(iii) Having regard to the established principle that parties are bound by their pleadings, may the Court of Appeal hearing an appeal against the decision of the High Court, invoke s 69(4) of the of Judicature Act 1964 to substitute the defence as pleaded in the case before the High Court with another defence which was neither pleaded nor raised before the High Court?

(iv) Whether an Appellate Court, after having confined the parties on an appeal be