Athman Lusaju v. Sadiki Athumani, (PC) Civ. App. 134-D-66, 10/2/68, Biron J.

Athman Lusaju v. Sadiki Athumani, (PC) Civ. App. 134-D-66, 10/2/68, Biron J.

Plaintiff, apparently the lay leader of a mosque, sued eight members of the mosque for defamation. Defendants has written a letter to plaintiff complaining about his actions as a leader and warning that if plaintiff did not desist from spreading slander and disturbing the peace, the writers would resort to superior authority. Copies of this letter were sent to the local sheikh, the local T. A. N.U. branch, two branches of the East African Muslim Welfare Society and to the Village Development Committee.

            Held: (1) The letter addressed to plaintiff could not form the basis of a claim for libel, but the copies sent to other could amount to publication. (2) If the letter is defamatory at all, it “hardly exceeds the bounds of fair comment, and was published to persons and bodies having an interest in either the mosque itself or in the preservation of the peace, which according to the (defendants) the (plaintiff ) was threatening.” The publication was thus privileged, and to succeed in this action plaintiff would have to establish malice. There is no evidence of such malice. Appeal dismissed.