Membe v

Membe v

The defendants published false, malicious, and defamatory statements about the plaintiff in print and online media, directly referring to him and widely disseminated, causing significant reputational, emotional, and financial harm. The plaintiff proved his case on a balance of probabilities, entitling him to general and exemplary damages, an injunction, interest, and costs. Special damages were not awarded due to lack of strict proof.

Citation
Membe v
Parties
Plaintiff: Benard Kamillius Membe; 1st Defendant: Cyprian Majura Musiba; 2nd Defendant: The Editor, Tanzanite Newspaper; 3rd Defendant: CZ Information & Media Consultant Ltd, Printers of Tanzanite Newspaper
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 August 2020
Procedural Posture
Civil Case / Ex Parte Judgment After Defendants Failed to Appear
Outcome
Judgment for the plaintiff. Defendants found liable for defamation.
Legal Topics
Defamation, Libel, Damages, Injunctions
Source Language
English
Tort Law Media Law Defamation Libel Damages Injunctions

Case Brief

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Parties

Benard Kamillius Membe

Plaintiff

Cyprian Majura Musiba

1st Defendant

The Editor, Tanzanite Newspaper

2nd Defendant

CZ Information & Media Consultant Ltd, Printers of Tanzanite Newspaper

3rd Defendant

Procedural Posture

Civil Case / Ex Parte Judgment After Defendants Failed to Appear

Legal Issues

  1. 1 Whether the defendants published defamatory statements against the plaintiff
  2. 2 What damages were occasioned and suffered by the plaintiff
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The defendants published false, malicious, and defamatory statements about the plaintiff in print and online media, directly referring to him and widely disseminated, causing significant reputational, emotional, and financial harm. The plaintiff proved his case on a balance of probabilities, entitling him to general and exemplary damages, an injunction, interest, and costs. Special damages were not awarded due to lack of strict proof.

Court Disposition

Judgment for the plaintiff. Defendants found liable for defamation.

Orders

  • Exemplary/punitive damages of TShs. 5,000,000,000 awarded to plaintiff
  • General damages for libel of TShs. 1,000,000,000 awarded to plaintiff