charles makongoro nyerere vs mwanachi communications ltd another 2011 tzhc 2022 31 october 2011

charles makongoro nyerere vs mwanachi communications ltd another 2011 tzhc 2022 31 october 2011

The defendants published a false and defamatory statement referring to the plaintiff, damaging his reputation. The apology was belated and did not absolve liability. The defence of fair comment was inapplicable as the statements were not based on true facts. The plaintiff is entitled to damages for defamation.

Citation
charles makongoro nyerere vs mwanachi communications ltd another 2011 tzhc 2022 31 october 2011
Parties
Plaintiff: Charles Makongoro Nyerere; 1st Defendant: Mwananchi Communications Ltd; 2nd Defendant: Editor, The Citizen
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 October 2011
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Defamation, Libel, Damages, Apology as Mitigation
Source Language
English
Tort Media Law Defamation Libel Damages Apology as Mitigation

Case Brief

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Parties

Charles Makongoro Nyerere

Plaintiff

Mwananchi Communications Ltd

1st Defendant

Editor, The Citizen

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants falsely and maliciously published defamatory statements concerning the plaintiff
  2. 2 Whether the published words referred to the plaintiff and were defamatory
  3. 3 Whether the plaintiff suffered injury to reputation

Ratio Decidendi

The defendants published a false and defamatory statement referring to the plaintiff, damaging his reputation. The apology was belated and did not absolve liability. The defence of fair comment was inapplicable as the statements were not based on true facts. The plaintiff is entitled to damages for defamation.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendants to pay TZS 20,000,000 jointly and severally to the plaintiff as damages for defamation
  • Interest at court rates from date of judgment until payment in full