19851112 TZHC Mwanza

IN TH1 HIGH COURT OF TANZANIA . .;. AT MWANZA. ( H. C. ) CIVIL AFI-I!.AL NO.. 17 of 1984 (From the decision of the Resident Magistrate's Court of Musoma in Civil Case No. 70 or' 1982) PILI JERLHIAH •••••••••••••••••••••••••••• o •• o APPELLANT VERSUS SUZANA D/0 PETER FIBS POND!'.. NI' JUDGMENT TJ:i9_,. appellant was the defendant in the Resident Magistrate's Court at Musoma. The :respondent sued her for recovery of Shs. 4000/- dam3ges for slander. Jr.. her e,:idence she (respondent) stated that on 1/11/81 the appellant at~see her a prostitute, this was in presence of her hus- band and the children. This injured her reputation as a married woman. -In her defence ·L.e appellant argued that on th1t day it was the res- ~ pondent and her husband :rnd her daughter who started to abuse her. They abused her and threw stones at her. She ran away and called a member of F. F. U. to save her. ;-Jhen she returned with the policeman the attack- ing family had cone. She complained before the Urban 'f rimary Court and won the case. ~hey were ordered to compensate her Shs,300/-. The 1ward was reversed by the District Court. She appealed to this Court and her appeal is still pending. I have considered the despute and am inclined to agree with the appellant. Her defence that thE'y were que.rrelling and exehanged abusa- t ions dese:::-ved consideration. The respondent's case was very m1.nh weake- ned.11 the fact that the alleged slanderous words were uttered in presenc0 of hez: husband ,~~1d the children and not communicated to any outsider. The only person who was not a member of the family was Fred James (P. W. 2) who the appellar.t said was their ee:t-von-b. U:i.a o•:i.d-:w,.oe ,... .. ~• .. ,:il .. .1 -bh"t. the r,spondent 1 s daughter K1.rwa (P.W.3) also abused the appellant. I am left with no doubuts that the incident was a quarrel between the res- pondent's famil.j· and the appellant. In a quarrel like that there are exchanges of ab~sations. Such vulgar exchanges could not amount to defemation on p·:rt of the appellant alone, the respondent and her f3mily were also equal_,_~, guilty of the same. I allow the appeal :rnd set aside the decision of -the trial court. I order that the resp~ndent 's claim be dismissed ant pay costs to the appellant. MUSOMA I I 12/11/85.' l.• It ·.) I,_.• • -: .. ::--,· F .\./ . ,l ;! .1···· ., ,,