20000616 TZHC Dar es Salaam

20000616 TZHC Dar es Salaam

The court found that the article was defamatory, the defendants failed to prove the truth of the statements or fair comment, and the plaintiffs' reputations were injured. The plaintiffs proved their case on a balance of probabilities and were entitled to damages.

Citation
20000616 TZHC Dar es Salaam
Parties
Plaintiff: Andrew Mushi; Plaintiff: Maila Makambi; Plaintiff: Togolani Manongi; Defendant: The Editor Heko Newspaper; Defendant: Heko Publishers; Defendant: Printpak (T) Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 June 2000
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiffs
Legal Topics
Defamation, Libel, Damages
Source Language
English
Tort Media Law Defamation Libel Damages

Case Brief

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Parties

Andrew Mushi

Plaintiff

Maila Makambi

Plaintiff

Togolani Manongi

Plaintiff

The Editor Heko Newspaper

Defendant

Heko Publishers

Defendant

Printpak (T) Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the article published by the defendants was defamatory of the plaintiffs
  2. 2 Whether the plaintiffs are entitled to damages for libel

Ratio Decidendi

The court found that the article was defamatory, the defendants failed to prove the truth of the statements or fair comment, and the plaintiffs' reputations were injured. The plaintiffs proved their case on a balance of probabilities and were entitled to damages.

Court Disposition

judgment for the plaintiffs

Orders

  • Each plaintiff awarded TShs.10 million as damages
  • Defendants to pay interest and costs