20150807 TZHC Dar es Salaam 1

20150807 TZHC Dar es Salaam 1

The suit was incompetent as the plaintiff failed to properly plead the nature of defamation and did not establish the High Court's pecuniary jurisdiction, since only general damages were claimed without special damages.

Citation
20150807 TZHC Dar es Salaam 1
Parties
Plaintiff: Abdallah Sharifa Amer; 1st Defendant: Hawa Deus Kun Dami; 2nd Defendant: The East Africa Television (E.A.TV); 3rd Defendant: Joyce Kiria
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 August 2015
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
suit struck out with costs
Legal Topics
Defamation, Pecuniary Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Tort Defamation Pecuniary Jurisdiction Preliminary Objection

Case Brief

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Parties

Abdallah Sharifa Amer

Plaintiff

Hawa Deus Kun Dami

1st Defendant

The East Africa Television (E.A.TV)

2nd Defendant

Joyce Kiria

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has pecuniary jurisdiction to entertain the suit for defamation claiming general damages only
  2. 2 Whether the plaintiff properly pleaded the nature of defamation (libel or slander) and requisite damages

Ratio Decidendi

The suit was incompetent as the plaintiff failed to properly plead the nature of defamation and did not establish the High Court's pecuniary jurisdiction, since only general damages were claimed without special damages.

Court Disposition

suit struck out with costs

Orders

  • Suit struck out for want of jurisdiction
  • Plaintiff to pay costs