To what he was in fact doing at that time the court

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to what he was in fact doing at that time, the Court seems to have been justified in reaching the (1968)H.C.D - 57 – Conclusion that it did – that the appellant was not entitled to compensation for defamation ……” Appeal dismissed. 167. H.S. Mangat v. B. Sharna , Civ. Case 83-D-67, 20/3/68, Georges C. J. Defendant had engaged plaintiff, an advocate, for the sale of certain land. After a rather careless handling of defendant’s affairs, characterized by the High Court as “offhand” and “indifferent”, plaintiff secured the signature of a purchaser on a transfer deed. Defendant also executed this deed. The property had been pledged with the National Bank of Commerce in Dodoma, by notice of deposit of title deeds This bank handed over the deed to plaintiff, who sent it for registration to the Commissioner of Lands. Defendant, however, feeling that the value of the transaction had been seriously impaired by plaintiff’s handling of it, sent two let- ters to the Commissioner of Lands; one was marked as copied to both the bank and purchaser, and one marked as copied to the bank only. These letters ac-
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cused the plaintiff of “grave breach of trust”, and requested that the Commission- er withhold his approval of the transaction. There was no dispute as to whether the letters were defamatory; the High Court rejected the defence of justification, finding insufficient evidence of “breach of trust.” The remaining issues were “qualified privilege” and “malice.” Held: (1) “The authorities are clear .. that a privileged occasion arises where the defendant has an interest in making the communication to the third person, and the third person has a corresponding interest in receiving,, it ….. (T)his reciprocity is of the essence of the matter …. Here, defendant’s interest is clear. The Commissioner is sufficiently “interested”, since the transaction de- pends upon his consent. The bank is “interested”, since the property had been pledged with it, and since it had had to surrender the deed for registration. The purchaser was “interested” as a party to the transaction which the defendant was seeking to avoid, and because plaintiff had been acting for both the defendant and the purchaser in seeking to have the transaction registered. (2) Since all of the defendant’s communications were made under “qualified privilege”, malice must be proved. (3) Malice in such cases is not established merely by showing that the words used were not “reasonably necessary to protect the interest .. which is the foundation f (the) privilege; (the defendant) will be protected, even though his language should be violent or excessively strong if ……he might ho- nestly and on reasonable grounds have believe that what he wrote … was true and necessary for the purpose of his vindication, though in fact it was not so.” [Quoting Adam v. Ward (1917) A. C. 309] Also, “the question is whether (defen- dant) is using the occasion honestly or abusing it ……But there is a state of
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