- J16 P179 The third ground of appeal is that the learned trial Judge erred in law when he held that the appellant was estopped from suing the 2nd respondent who had apologised after being requested to do so. Having said in the 1st ground that the words complained of are not defamatory, we do not find it necessary to consider the 3 rd ground. All in all, this appeal is dismissed with costs to the 1 st and 2nd respondents. These shall be taxed in default of agreement. …………………………………… D. K. CHIRWA SUPREME COURT JUDGE ………………………………… S. S. SILOMBA SUPREME COURT JUDGE