2014 1229 TZHC Dar es Salaam

2014 1229 TZHC Dar es Salaam

The court found that the applicant had merit in his application as the respondents were likely to continue publishing defamatory material, and the alleged defences of qualified privilege and fair comment were not substantiated by the content of the publications. The court held that there was no public interest or fair comment in the publications and granted the temporary injunction.

Citation
2014 1229 TZHC Dar es Salaam
Parties
Applicant: Cosmas Mwaifwani; 1st Respondent: The Editor of Dira ya Mtanzania; 2nd Respondent: Dira Newspaper Co. Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary Injunction
Outcome
Temporary injunction granted
Legal Topics
Temporary Injunction, Defamation, Freedom of Expression, Qualified Privilege, Fair Comment
Source Language
English
Civil Procedure Defamation Media Law Temporary Injunction Freedom of Expression Qualified Privilege Fair Comment

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Parties

Cosmas Mwaifwani

Applicant

The Editor of Dira ya Mtanzania

1st Respondent

Dira Newspaper Co. Ltd

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from publishing defamatory material against him pending the determination of the main suit

Ratio Decidendi

The court found that the applicant had merit in his application as the respondents were likely to continue publishing defamatory material, and the alleged defences of qualified privilege and fair comment were not substantiated by the content of the publications. The court held that there was no public interest or fair comment in the publications and granted the temporary injunction.

Court Disposition

Temporary injunction granted

Orders

  • Respondents, their agents, workers, employees, legal representatives or assignees are restrained from publishing or circulating any defamatory stories against the applicant personally or as Acting Director General of Medical Stores Department pending the final determination of the main suit.
  • Each party to bear its own costs.