celina michael vs mtanzania newspaper others 2020 tzca 1900 17 december 2020

celina michael vs mtanzania newspaper others 2020 tzca 1900 17 december 2020

The trial court's failure to frame and determine the issue of the appellant's consent to publication, despite it being pleaded and evidenced, was a material procedural error that vitiated the proceedings and judgment. The matter must be remitted for retrial from the stage of framing of issues.

Citation
celina michael vs mtanzania newspaper others 2020 tzca 1900 17 december 2020
Parties
Appellant: Celina Michael; Respondent: Mtanzania Newspaper; Respondent: Mwananchi Newspaper; Respondent: Mwanaspoti Newspaper; Respondent: Editor ITV; Respondent: Editor Star TV; Respondent: Editor Channel Ten; Respondent: Rai Newspaper
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 December 2020
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed; proceedings and judgment of the High Court quashed; case remitted for retrial
Legal Topics
Defamation, Privacy, Framing of Issues, Remittal for Retrial
Source Language
English
Civil Procedure Tort Defamation Privacy Framing of Issues Remittal for Retrial

Case Brief

Summary, issues, holding and outcome

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Parties

Celina Michael

Appellant

Mtanzania Newspaper

Respondent

Mwananchi Newspaper

Respondent

Mwanaspoti Newspaper

Respondent

Editor ITV

Respondent

Editor Star TV

Respondent

Editor Channel Ten

Respondent

Rai Newspaper

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred by failing to frame and determine the issue of consent in publication of the appellant's photograph
  2. 2 Whether the publication amounted to defamation
  3. 3 Whether the appellant suffered damages as a result of the publication

Ratio Decidendi

The trial court's failure to frame and determine the issue of the appellant's consent to publication, despite it being pleaded and evidenced, was a material procedural error that vitiated the proceedings and judgment. The matter must be remitted for retrial from the stage of framing of issues.

Court Disposition

appeal allowed; proceedings and judgment of the High Court quashed; case remitted for retrial

Orders

  • Proceedings and judgment of the High Court quashed
  • Case file remitted to the High Court for hearing de novo from the stage of framing of issues