Eliakim Chacha Maswi
The High Court has jurisdiction to entertain the suit for defamation where only general damages are claimed, due to the proviso introduced in section 13 of the Civil Procedure Code by the 2016 amendment, rendering objections based on lack of specific damages redundant.
- Citation
- Eliakim Chacha Maswi
- Parties
- Petitioner: Eliakim Chacha Maswi; 1st Respondent: Mwita Mwikwabe Waitara; 2nd Respondent: Karoli Jacob Karoli; 3rd Respondent: Mara TV
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 21 February 2025
- Procedural Posture
- Civil / Ruling on Preliminary Objection
- Outcome
- preliminary objection overruled
- Legal Topics
- Defamation, Jurisdiction, Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Eliakim Chacha Maswi
Petitioner
Mwita Mwikwabe Waitara
1st Respondent
Karoli Jacob Karoli
2nd Respondent
Mara TV
3rd Respondent
Procedural Posture
Civil / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a defamation suit where only general damages are pleaded and no specific damages are claimed
Ratio Decidendi
The High Court has jurisdiction to entertain the suit for defamation where only general damages are claimed, due to the proviso introduced in section 13 of the Civil Procedure Code by the 2016 amendment, rendering objections based on lack of specific damages redundant.
Court Disposition
preliminary objection overruled
Orders
- Preliminary objection dismissed with costs
Full Case Text
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