cosmas mwaifwani vs editor of dira ya mtanzania another 2014 tzhc 2364 29 december 2014

cosmas mwaifwani vs editor of dira ya mtanzania another 2014 tzhc 2364 29 december 2014

The applicant is entitled to a temporary injunction as the respondents are likely to continue publishing defamatory material, and the defences of qualified privilege, fair comment, and public interest are not supported by the facts of this case.

Citation
cosmas mwaifwani vs editor of dira ya mtanzania another 2014 tzhc 2364 29 december 2014
Parties
Applicant: Cosmas Mwaifwani; 1st Respondent: The Editor of Dira ya Mtanzania; 2nd Respondent: Dira Newspaper Co. Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 December 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 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 determination of the main suit

Ratio Decidendi

The applicant is entitled to a temporary injunction as the respondents are likely to continue publishing defamatory material, and the defences of qualified privilege, fair comment, and public interest are not supported by the facts of this case.

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.