20140905 TZHC Dar es Salaam

20140905 TZHC Dar es Salaam

Failure to set out verbatim the alleged defamatory words in the plaint renders the plaint incompetent for failure to disclose a cause of action in a defamation suit.

Citation
20140905 TZHC Dar es Salaam
Parties
Plaintiff: MIC (T) LTD; 1st Defendant: The Editor, Mtanzania; 2nd Defendant: New Habari (2006) LTD; 3rd Defendant: Mwananchi Communications LTD
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 September 2014
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Plaint struck out with costs
Legal Topics
Pleadings, Cause of Action, Defamation, Striking Out Pleadings
Source Language
English
Civil Procedure Defamation Pleadings Cause of Action Striking Out Pleadings

Case Brief

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Parties

MIC (T) LTD

Plaintiff

The Editor, Mtanzania

1st Defendant

New Habari (2006) LTD

2nd Defendant

Mwananchi Communications LTD

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint discloses a cause of action against the 3rd defendant
  2. 2 Whether in a defamation suit the alleged defamatory words must be set out verbatim in the plaint

Ratio Decidendi

Failure to set out verbatim the alleged defamatory words in the plaint renders the plaint incompetent for failure to disclose a cause of action in a defamation suit.

Court Disposition

Plaint struck out with costs

Orders

  • The plaint is struck out for failure to disclose a cause of action against the 3rd defendant due to omission to set out the alleged defamatory words verbatim.
  • Plaintiff to pay costs.