19980407 TZHC Tabora
- Citation
- 19980407 TZHC Tabora
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 7 April 1998
- Posture
- Civil Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 7 April 1998
- Posture
- Civil Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The trial court's findings of fact were upheld as there was no reason to differ; the respondent's evidence was believed over the appellant's denial.
Court disposition
appeal dismissed
Orders
- Appeal dismissed with costs
- Parties to be notified of the judgment
02
Material facts
Parties
Bulla Dohio
AppellantUnnamed Respondent
RespondentAmounts and remedies
- Damages Claimed: KES 300,000
03
Procedural history
Posture
Civil Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the appellant defamed the respondent by calling him a witch in a primary court
- 02
Whether the respondent is entitled to damages for defamation
Party arguments
- Applicant
- The appellant denied having uttered the defamatory words.
- Respondent
- The respondent alleged that the appellant called him a witch and called three witnesses to prove his case.
05
Court’s reasoning
Legal principles
- 01
general appellate principles
Findings of fact by the trial court should not be interfered with on appeal unless there is a clear reason.
06
Ratio, limits and disposition
Ratio decidendi
The trial court's findings of fact were upheld as there was no reason to differ; the respondent's evidence was believed over the appellant's denial.
Court disposition
appeal dismissed
- Appeal dismissed with costs
- Parties to be notified of the judgment
Source and reliance status
TZHC · 7 April 1998
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 7 April 1998
1 • - A~ 1.cil.BORI. Hjc CIVIL APPEi";L .i.,o. 37 OF 1997 ORIGJ:a.,"U, CIVIL CiJ..SE .1.,0.16 OF 1996 OF .i.,ZJlPt. DI STP..I CT COURT BULU. D'.)YIOI •••••••••••••••••••••••••
VERSUS . ~n:m:c:~u~,i:EJ:w. 1'.i~~s..i....•J;;l ••• _. ........ •••••• RE::lf'Q.i.\J)Ii;iliT Bulla Dohoi, t..½.e appell~tt wa.~ the original defendant i,., the District Cour-t of 'TTzsga Dist:eict, at lJzega.., He was su.od by'-·the respOAdent, origi:nal plai,,,hff', for Shs.300,000/= damages fo1...·defanation. He is al:tegcd to tave called the respoJ"lc.ewi; "a. witch" i:n a. pr.Lna.-::·y court. ··He denied to have uttered those wordc.·· The respOnde·,t called three witnesses :to prove his case wltil~ the al,'lpellan-t called no"'e• T.h.e -litia.i: beli1:;ved th-~ story of -;;b.e respondent a.., d rejeoted -that of the appella.,,t. A'fld I fi'nd no reaso,, to :fl.iffer with the trial cou:rt a fi,-,d.i1~gs of fact. 1 'lhere- fore I dia:i1iss tbs appeal with costs. /J ..,;ty\.,,_ L~7B .. HCllDr,.aE9 JUD3E 1p/2/98 Delivered ·b11is 7th d..zy' of' Ap:r:il 1998 in the ahsenoe of the pa.r~i;ies. 1 d~D . _L~-:~:;r'lll\J 1· l•..C.j T.1 JUJX;E 7/4/~ 01"der: Tho parties are to be .,,,otificd of this jud~icnt. ,_zv--- /l 1::s.. lviCID1,.E, J'"tJJ.XlE 7/4/<J!J
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