K. G. N. Fernando v. Fawzi Mohamed – sllr 1990 volume 1 page 096

In the case between K. G. N. Fernando (Plaintiff) and Fawzi Mohamed (Defendant), the court addressed the issues of whether the allegedly defamatory statements concerning the Plaintiff were made and whether such statements were protected as privileged communications. The findings established that material misdirections occurred in the trial judge’s assessment of evidence—particularly undue reliance on one witness and insufficient consideration of key discrepancies—ultimately warranting intervention. It was held that the defence of privilege applied to the statements made, leading to the dismissal of the Appellant’s action. This determination reaffirmed the principle that privilege, when established by law, protects certain communications from liability even if defamatory, as long as they ar