alex mwita msama vs rose mhando and others 2020 tzhc 2081 28 february 2020

alex mwita msama vs rose mhando and others 2020 tzhc 2081 28 february 2020

The plaint failed to disclose a cause of action against the 2nd Defendant due to confusion and misdescription of parties, which is fatal and cannot be cured by amendment; thus, the plaint is rejected as per Order VII Rule 11(a) of the Civil Procedure Code.

Citation
alex mwita msama vs rose mhando and others 2020 tzhc 2081 28 february 2020
Parties
Plaintiff: Alex Mwita Msama; 1st Defendant: Rose Mhando; 2nd Defendant: The Editor Mwananchi Newspaper; 3rd Defendant: Mwananchi Communication Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2020
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Plaint rejected for lack of cause of action against the 2nd Defendant.
Legal Topics
Cause of Action, Pleading Requirements, Defamation
Source Language
English
Civil Procedure Cause of Action Pleading Requirements Defamation

Case Brief

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Parties

Alex Mwita Msama

Plaintiff

Rose Mhando

1st Defendant

The Editor Mwananchi Newspaper

2nd Defendant

Mwananchi Communication Ltd

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint discloses a cause of action against the 2nd Defendant
  2. 2 Whether misdescription of parties is fatal to the suit

Ratio Decidendi

The plaint failed to disclose a cause of action against the 2nd Defendant due to confusion and misdescription of parties, which is fatal and cannot be cured by amendment; thus, the plaint is rejected as per Order VII Rule 11(a) of the Civil Procedure Code.

Court Disposition

Plaint rejected for lack of cause of action against the 2nd Defendant.

Orders

  • Plaint and annexures rejected as against the 2nd Defendant.
  • Defendants awarded costs.