athuman nyenge and others vs mussa makka and another 2021 tzhc 3476 28 may 2021

athuman nyenge and others vs mussa makka and another 2021 tzhc 3476 28 may 2021

The appellants failed to prove the complained words were defamatory, as the letter did not refer to them as terrorists or members of Islamic States, and the communication was privileged as it was made to the District Commissioner in the course of official duties.

Citation
athuman nyenge and others vs mussa makka and another 2021 tzhc 3476 28 may 2021
Parties
Appellant: Athuman Nyenge; Appellant: Nnajumu Ramadhan; Appellant: Mfaume Yasin; Appellant: Hashim Mrungu; Appellant: Ramadhan Muhsya; Appellant: Ramadhan Majid; Respondent: Mussa Makka; Respondent: Registered Trustee of Baraza Kuu la Wais
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 May 2021
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Defamation, Privileged Communication, Burden of Proof
Source Language
English
Tort Civil Procedure Defamation Privileged Communication Burden of Proof

Case Brief

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Parties

Athuman Nyenge

Appellant

Nnajumu Ramadhan

Appellant

Mfaume Yasin

Appellant

Hashim Mrungu

Appellant

Ramadhan Muhsya

Appellant

Ramadhan Majid

Appellant

Mussa Makka

Respondent

Registered Trustee of Baraza Kuu la Wais

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants were defamed by the respondents
  2. 2 Whether the communication was privileged
  3. 3 Whether the appellants proved damages

Ratio Decidendi

The appellants failed to prove the complained words were defamatory, as the letter did not refer to them as terrorists or members of Islamic States, and the communication was privileged as it was made to the District Commissioner in the course of official duties.

Court Disposition

appeal dismissed

Orders

  • No order as to costs
  • Right of appeal explained and guaranteed